Terms and Conditions of Use for PANDA Stronger™
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING PANDA STRONGER™
By clicking the “Agree” button below you agree to the Terms and Conditions for PANDA Stronger™ set forth above:
In this documents: “Us”, “Our”, and “We” means Parc Sports, LLC and “Your” and “Your” means you, the user.
1. Definitions.
“Account” means the account that is created once a Subscriber pays a Subscription Fee and registers their User ID and password for use of the Services.
“App” means the mobile phone application PANDA Stronger™.
“Company Content” means software and content developed by us and/or our suppliers, which is available for use to Subscribers’ mobile phones through the App.
“Content” means either Company Content or Subscriber Content or both.
“Minor Subscriber” means a Subscriber who is under the age of thirteen (13).
“Payment Method” means a valid credit card or debit card which the Subscriber has a legal right to use for payment of the Subscription Fee.
“Services” means the services provided through the App including the right to upload and download “Content” as defined above.
“Subscriber Content” means software and content, uploaded by Subscribers, that is available for download to other Subscribers’ mobile phone.
“Subscriber” means an individual who has purchased a Subscription.
“Subscription” means a paid subscription to use the App or Website.
2. General. By using the App or Website, you signify that you agree to abide by all of the following Terms and Conditions, together with any amendments thereto. We reserve the right to change or amend these Terms and Conditions at any time and in any way. Your continued use of the App signifies your assent to be bound by any such changes and amendments. Failure to comply with these Terms and Conditions, or any revised Terms and Conditions as we may from time to time impose, may result in the loss of your ability to use the App and any other consequences that may be prescribed by applicable law.
3. Use of Content. We authorize you to view or download a single copy of the App on your mobile device solely for your personal, non-commercial use. The App and the Content are protected by the copyright laws of the United States as well as the copyright laws of foreign nations. Any use of the App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate applicable law. We reserve all rights not expressly granted in these Terms and Conditions. If you violate any of these Terms and Conditions, your permission to use the App terminates, and you must surrender any copies of the App in your possession.
4. Subscription. To access our Premium Services, you are required to pay the “Subscription Fee” which can be paid up front annually or by month. To access our Platinum Services, you are required to pay the “Subscription Fee.” The Subscription Fees can be made by one or more accepted Payment Methods which may be updated from time to time. We will charge the Subscription Fee to the Payment Method automatically until your Subscription is terminated. You must cancel your Subscription before it renews in order to avoid the Subscription Fee being applied to the Payment Method. We reserve the right to change the Subscription Fee at any time at our discretion by providing thirty (30) days prior notice.
5. Subscription Fee Billing. The Subscription Fee will be charged to your Payment Method automatically on a monthly or yearly basis. Panda Stronger may terminate Subscriber’s Account at any time if Subscriber fails to make a payment when due, and Subscriber agrees that such action will not result in irreparable harm to Subscriber. No refunds of the Subscription Fee shall be made for any partial [years/months etc.] use of the App.
6. Account. In addition to paying the Subscription Fee, to register for the App or Website, you must create an Account by completing the registration process by providing us with current, complete, and accurate information as prompted on the registration screen, including your e-mail address, a User ID, and password. Your Account is valuable, and you are responsible for maintaining its confidentiality and security. You may not share your User ID and password with or authorize others to use your User ID and password unless pursuant to Section 16. You agree that you may not adopt an offensive or inappropriate name of any kind for your User ID. We are not responsible for any losses arising from the unauthorized use of your Account. You agree to notify us immediately upon learning of any unauthorized use of your Account or any other breach of security.
7. Eligibility. All Subscribers must be at least thirteen (13) years of age or older to be eligible for use of the App without the need for parental consent as provided for in Section 8. By using the Services, you represent and warrant that you are at least thirteen (13) years of age and that your use of the Services does not violate any applicable law or regulation. Your uploads may be deleted and your Account may be terminated without warning if we believe you are under thirteen (13) years of age and have not added a qualified parent or guardian to help manage your account. If we have previously disabled your account for violation of law or any of our policies you are not eligible for the App’s use. In addition, if you are a convicted sex offender you may not use our App or other related digital products.
8. Minor Eligibility. All Minor Subscribers are required to obtain parental consent provided by a Parental Consent form prior to accessing and using the Services. Minor Subscribers must obtain parental consent before uploading any photo, video, or audio recording. Notice will be provided to the Minor Subscriber’s parents once a Minor Subscriber uploads a photo, video, or audio recording. Minor Subscriber’s parents will have the opportunity to accept or deny the upload before it is posted on the App. Upon learning of an unauthorized upload without parental consent, we will immediately delete the upload.
9. Subscriber Obligations. In consideration of Subscriber’s use of the App and the Services, where Subscriber has provided us with information about Subscriber in response to prompting by the App (for example when prompted by the App’s account registration page), Subscriber agrees that such information will be accurate, current, and complete. If Subscriber provides any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any Account and to refuse any and all current or future use of the App (or any portion thereof) by Subscriber.
10. Warranty; Limitation on Liability; Indemnity. The use of the App is at your own risk. When using the App, information will be transmitted over a medium that may be beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any date or information transmitted in connection with use of the App.
The App is provided on an “as is” basis. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTEHRWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL WE BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
You shall, at your own expense, indemnify us, defend us and hold us harmless from and against any and all losses, damages and expenses (including reasonable attorneys’ fees and other costs of defending any action) that we may incur as a result of any claim of negligence, breach of implied warranty, strict liability in tort, or other theory of law, by you, your officers, agents or employees, your successors and assigns, whether direct or indirect, in connection with the use of the App, or by reason of your breach of or failure to perform any of your obligations hereunder.
11. User Submissions. The personal information you submit to us is governed by the Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions and the Privacy Policy, these Terms and Conditions shall govern.
12. Unauthorized Conduct. You hereby agree not to use the Services to: (i) obtain or attempt to obtain unauthorized access to the Services or App’s servers, systems, network, or date; (ii) make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) violate any applicable laws or regulations; (iv) impersonate any person or entity; (v) make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; (vi) post content containing advertisements or other commercial solicitations without our prior written permission; (vii) make available viruses or any other computer code, files, programs, or content designed to interrupt, destroy, or limit the functionality of the Services or affect other users; or (viii) interfere with or disrupt the Services or servers, systems, or networks connected to the Services in anyway.
13. Termination. You agree that we, in our sole and absolute discretion, may terminate your Account for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms and Conditions. You agree that any termination of your Account under any provision of these Terms and Conditions may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and any Subscriber Content in your Account. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to your Account. You also agree that you will not be entitled to any refund of your Subscription Fee upon termination of your Account.
14. App Availability. We do not guarantee the App will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in internet services to an area where App or its servers are located or collocated.
15. Proprietary Rights Notice. The App and its Company Content are, and shall remain, the property of us. All rights in and to the App and its associated Company Content not expressly granted to you in these Terms and Conditions are hereby expressly reserved and retained by us and our licensors without restriction, including, without limitation, our right to sole ownership of the App and its associated Company Content. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the App outside of the scope of the use granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile software, code or processing algorithms available at or through the App or otherwise attempt to discover any source code or trade secrets related to the App or its associated Company Material; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the App or its Company Content for any purpose without the express written consent of us (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with the App; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included in the App or in its Company Content.
16. Third Party Rights. If you use the App on behalf of any third party, you represent and warrant that you are authorized to act on behalf of, and bind to these Terms and Conditions, the third party. You shall ensure that each third party is bound by and abides by the terms of these Terms and Conditions. We make no representations or warranties for the direct or indirect benefit of any third party. With respect to third parties, you shall take all measures necessary to disclaim any and all representations or warranties that may pertain to App its Company Content, or the use of the same. You agree to indemnify, hold harmless and defend us at your expense, against any and all third-party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by us, or any of our officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by you concerning any aspect of the App or its Company Content to third parties; (b) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the App or its Company Content, data, statistics and materials; (c) violations of your obligations of privacy to any third party; and (d) any claims with respect to acts or omissions of third parties in connection with the App or its associated information, data, statistics and materials.
17. Interpretation and Validity. The interpretation of any section or sub-section herein will not in any way be limited or restricted by reference to or inference from any section or sub-section. If for any reason one section or sub-section is unenforceable according to its terms then the others will remain in full force and effect.
18. Waiver and Severability. Any indulgence granted to you and any failure by us to insist on strict performance of these Terms and Conditions shall not be deemed a waiver of any of our rights or remedies nor be deemed a waiver of any subsequent default by you. If any of these Terms and Conditions, or any part thereof, shall be held as rendered void or unenforceable to that extent and no further.
19. Governing Law. The interpretation and application of these Terms and Conditions shall be in accordance with Pennsylvania Law without reference to its conflict of laws principles and you hereby agree to submit to the exclusive jurisdiction of the Centre County Court of Common Pleas, Pennsylvania and the United States District Court for the Middle District of Pennsylvania.
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