Scope of Use
Your use of the Sites and/or the Services, whether as a sender or recipient of any information, including but not limited to, data, text, SMS, software, music, sound, photographs, graphics, video, messages, data or audio files or other materials (collectively, in any format, or file type, “Content”), constitutes Your acceptance of, and Your agreement to comply with and abide by these T&Cs.
You agree that PunkPanda may use Your name or other personally identifying information, including without limitation, the name of Your employer or any affiliated business entity, any professional or business credentials or affiliations, for the purpose of identifying You as a User of the Services on the Sites or in PunkPanda promotional material for the purpose of demonstrating the identity of its clients. As a corporate User, or a User with a high-profile or name recognition, You agree that PunkPanda is permitted to showcase Your own-branded stamp, Your logo, name or other identity on the Sites or other medium or print for the purpose of identifying PunkPanda Users and marketing the PunkPanda and PunkPanda name, brand and the Services.
As a User of the Services without compensation to PunkPanda, You agree to participate in surveys and answer questions of a personal nature which are designed to elicit Your habits, characteristics, life stage, age, attributes, preferences, other information and/or Your opinions on a variety of topics. You agree that PunkPanda may use Your answers anonymously to such surveys or questions for its own purposes, with no obligation or liability or responsibility to You in any manner or to any extent. You can opt-out of participating in surveys and answering questions by purchasing the Services in any amount.
As a User of the Services, You also permit PunkPanda to disclose Your email address to corporate sponsors of the Services. This disclosure may expose You to advertisements from such PunkPanda corporate sponsors independent and separate from the Services.
If You choose to opt-out, PunkPanda’s or PunkPanda’s advertisements will still be delivered to You but no information about You generally and anonymously, or Your relationship with the Sites, the App or the Services will be available for this purpose.
This Agreement constitutes a binding legal contract between You and PunkPanda. Your failure to follow these rules, whether listed below or communicated on, within or through the Sites, the App, or the Services, may result in suspension or termination of Your access and/or use of the Sites, the App, or the Services without notice, in addition to PunkPanda’s other remedies.
Ownership and Proprietary Rights
The Sites, the App, and the Services contain proprietary and confidential information that is owned solely and exclusively by PunkPanda, its affiliates or third-party licensors and protected by local, state, federal and international intellectual property laws and treaties. You will not take any action to jeopardize, limit or interfere with PunkPanda’s, its affiliates’ or third-party licensors’ intellectual property rights in the Sites, the App, and/or the Services in any manner or to any extent.
You may not in any manner or to any extent alter, modify, reformat, display, transmit, publish, license, create derivative works from, reverse engineer, reproduce, duplicate, copy, transfer, distribute, disseminate, sell, resell or otherwise exploit for any purposes, whether commercial or otherwise any of PunkPanda’s or PunkPanda’s software, source codes, applications, algorithms, trade names, trademarks, logo, information, software, documents, graphics, products, business data, marketing materials, prices, or services obtained or derived from or made available or accessible through Your use of the App, the Services or the Sites.
The Content and compilation or composition of Content included on the Sites, or in the App, or the Services (excluding User Submissions, User-owned Content) such as sounds, text, SMS, graphics, words, logos, icons, images, audio clips, digital downloads, video, music, software, and similar type property are the sole and exclusive property of PunkPanda, its affiliates or licensors or Users and are protected by United States and international copyright and all other relevant intellectual property laws. Such copyright or otherwise protected Content cannot be copied, reproduced, re-designed or used in any manner or to any extent by You without PunkPanda’s or it’s affiliates’ or licensors’ or Users’ express written permission. The Sites, the App, and the Services, (including without limitation, the underlying algorithms, source codes, design, software, and other proprietary know-how, information and property), the PunkPanda and PunkPanda name, logo and related marks, contain registered and unregistered trademarks, trade names and other marks, designs and logos owned by PunkPanda, and are protected by copyright and trademark laws of the United States, European Union countries, and/or other countries.
You acknowledge and agree that PunkPanda owns all rights, title and interest in and to the Services, the App, and the Sites, including, without limitation, all intellectual property rights therein and thereto. Your use of the Sites, the App, and/or the Services shall not grant You any legal, beneficial, or economic rights, title or interest in or with respect to any intellectual property, trademark, trade-names, know-how, algorithm, source or other codes, graphics, designs and similar property owned or licensed by PunkPanda; nor shall Your use be construed as granting, by implication, estoppel or otherwise, any license to use any intellectual or proprietary property owned by PunkPanda without PunkPanda’s express written permission. All rights not expressly granted herein are reserved.
PunkPanda’s, or its affiliates’ or third-party licensors’ or its Users’ trademarks, logos, trade-names, trade dress, and intellectual or proprietary property may not be used in connection with any product or service that is not PunkPanda’s, or its affiliates’ or third-party licensors’, or Users’ or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PunkPanda, or the App, the Services, the Sites or products. All other trademarks not owned by PunkPanda or any of its related companies or third-party licensors that appear on the Sites, in the App, and/or the Services are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of PunkPanda’s or its affiliates’ or third-party licensors’ or its Users’ intellectual or proprietary property (in whole or part) or that is confusingly similar thereto.
You acknowledge and agree that any recipient of a PunkPanda encapsulated message from You or Your User Account automatically becomes a User of the App and the Services without Your consent or approval. Accordingly, You agree that any and all email addresses, mobile phone numbers and any other information which You use in order to utilize the Sites, the App, and/or the Services, and any and all new recipients’ data, including email addresses and mobile phone numbers which are acquired by You (without regard to the status of these existing or new recipients (e.g. employees, customers or clients of Your business)) through Your use of the Sites, the App, and/or the Services become jointly owned with PunkPanda at no cost or expense to PunkPanda. You agree that PunkPanda is free to utilize Your recipients’ email addresses, mobile phone numbers or other information disclosed through Your use of the Sites, the App, and/or the Services to market, sell or license the PunkPanda name, brand, products, and/or the App or the Services. You agree that PunkPanda is not obligated, liable or required to pay or compensate You in any manner or to any extent, now or in the future, for the joint ownership or commercialization by PunkPanda of existing and newly acquired email addresses, mobile phone numbers or other similar data of Yours, Your customers, clients, employees, vendors, related parties or affiliates.
You own all rights to Your Content. By Your use or through the use of Your User Account by any person, of the Sites, the App and/or the Services, You agree to permit PunkPanda to send, secure, store and track Your Content for as long as You use the Sites, the App and/or the Services. You acknowledge and agree, with no consequences to PunkPanda , that Your Content may be stored by PunkPanda for a period of time after You stop using the Sites, the App, and/or the Services as may be required by applicable law.
Fees; Payment Obligations
The Services are sold in the form of pre-paid bundles of data. Data usage is then measured by each e-Shipping and/or e-Tracking of Content within a PunkPanda encapsulated message, depending on the size of such Content. The PunkPanda Stamp on each PunkPanda encapsulated message containing e-Shipped or e-Tracked Content registers the amount of data used for that particular e-Shipped or e-Tracked Content, thereby allowing the User to account for the spend-down of the pre-paid amount expended for the Services.
You can purchase PunkPanda bundles of data using any payment method made available to You by PunkPanda from time to time. The PunkPanda Stamps and the data usage they represent which You purchase will be credited to Your User Account at the time of purchase.
You agree to timely pay all fees for the Services due and owing PunkPanda for Services purchased. Except as otherwise specified herein (i) fees shall be paid in the same currency in which such fees are quoted, (ii) fees are based on the Services’ bundle of data purchased and not actual usage, (iii) payment obligations are non-cancelable and amounts paid are non-refundable, and (iv) the bundle or amount of data purchased cannot be decreased during the relevant subscription term for any reason (other than by Your usage). In the event You fail to timely pay for any bundle of data or the Services, PunkPanda reserves the right to decline to provide You access to the Sites, the App, and/or the Services, deny You continued access to the Sites, the App, and/or the Services, and/or forward Your User Account to a credit and collection agency. If Your User Account is forwarded to a credit and/or collection agency, You will be responsible for all amounts due and owing for the Services, as well as for any and all costs and fees associated with any collection actions undertaken by or on behalf of PunkPanda, including without limitation any and all reasonable attorney fees, professional fees, and all costs and expenses associated therewith.
Data amounts purchased in the form of individual PunkPanda Stamps are not time-sensitive, and therefore, may be utilized until all of the data purchased has been fully used, without regard to the time period in which the data was used. All other data bundles have a 12, 24, or 36 month commitment time frame, depending on the subscription plan purchased, and consequently, PunkPanda Stamps utilized within such a subscription will expire if not utilized within the applicable plan time frame.
You will provide PunkPanda with valid and updated information regarding Your credit card or debit card, or with a valid purchase order or alternative document, or with valid and updated information regarding any other payment method acceptable to PunkPanda. If You provide PunkPanda with credit card, debit card or other payment information, You authorize PunkPanda to charge Your Applicable card or account for all of the Services purchased. You are responsible for maintaining complete and accurate billing and contact information associated with Your User Account with PunkPanda.
Unless otherwise stated, PunkPanda’s fees and charges do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases of the bundles of data and the Services.
PunkPanda may change the charges payable for the purchase of bundles of data, and/or the Services, as well as the amount of data comprising particular bundles of data, and/or the amount of data required to eTrack Content, at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing Your next purchase of a bundle of data and/or the Services. The new charges will apply to Your next purchase or usage, as the case may be, after the new charges have been published.
PunkPanda may offer the Services for free, whether or not as a trial period. PunkPanda reserves the right to discontinue its free Services or App, and/or to charge You for such Services or the App at the normal rate in effect at such time, in the event PunkPanda determines (in its sole reasonable discretion) that You are abusing the terms of the offer, including if You are using any service, proxy or other devices or anonymous IP address that prevents PunkPanda from locating or identifying You.
The App is available for download directly on the iTunes Store or Google Play or such other App seller as may be authorized by PunkPanda on mobile devices. Your download and/or purchase, if applicable, of the App is directly from Apple, Inc. or Google Play, or other App seller authorized by PunkPanda, as the case may be. Your legal rights with respect to the download and/or purchase, if applicable, of the App are between You and Apple, Inc. or Google Play, or such other authorized App seller, as the case may be. PunkPanda has no duty, liability, responsibility or obligation to You with respect to the download and/or purchase, if applicable, transaction whereby You download and/or purchase the App.
The App is downloadable free of charge. However, in the event PunkPanda decides to impose a purchase price for downloading the App, then with respect to purchases, if any, of the App, iTunes, Apple, Inc. or Google Play, or other App seller authorized by PunkPanda, as the case may be, will charge Your credit or debit card or other payment method acceptable to such authorized App sellers at the time You purchase the App. You authorize iTunes, Apple, Inc. or Google Play, or such other App seller authorized by PunkPanda, as the case may be, to charge Your credit or debit card or otherwise obtain payment from You at the time You purchase the App, if applicable. Where applicable, Apple, Inc., iTunes, or Google Play, or other App seller authorized by PunkPanda, as the case may be, reserve the right to verify Your credit or debit card account or other payment method information acceptable to such authorized App seller. You agree to keep Your payment information updated as necessary and provide such updated information as may be required in order to purchase additional usage of the Services via the App on any platform and on any device.
Using the Sites, the Services or products via the App on mobile applications and mobile devices will use some of the data allowance available on the data package to which You have subscribed with Your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and You are solely responsible for keeping Yourself informed and paying for possible roaming and other applicable charges levied by Your mobile network operator. We are not responsible for any roaming or other charges.
Your Obligations of Use
Prior to Your first use of the Sites, the APP or the Services, You will be asked to create a User Account and choose a user ID and password.
When You log onto the Sites, the App and/or the Services, You will be able to access Your User Profile by going to Settings and selecting Account Details, which contains the information You have supplied to us.
You agree to provide true, accurate, current and complete information about You in connection with Your use of the Sites, the App, and/or the Services. In the event that You provide any information which is untrue, inaccurate, not current or incomplete, or if PunkPanda has reasonable grounds to suspect that any information You provide is untrue, inaccurate, not current or incomplete, PunkPanda has the right to immediately suspend, terminate or restrict Your use of the Sites, the App, and/or the Services in any manner or to any extent.
You may only use the Sites, the App, or the Services through Your User Account. You are solely responsible and liable for any and all activities of any type, or nature whatsoever, conducted through Your User Account and for all Users of Your User Account in any manner or to any extent. To prevent unauthorized use, You shall keep Your password confidential and shall not share it with any third party or use it to access third party websites or services. If You suspect that someone else knows Your password, then You shall immediately change it in order to protect the security of Your User Account. It is Your sole responsibility to ensure that You do not respond to any unsolicited requests for credit card details, passwords or other data. PunkPanda takes no responsibility for Your failure to comply with the obligations in this paragraph.
You, as a User, are solely and completely responsible, whether as a sender or receiver, for any and all Content e-shipped and/or e-tracked from or through the use of the Sites, the App, or the Services and of Your User Account. You understand and agree that PunkPanda is not responsible in any manner or to any extent for any activity or any submissions of Content e-Shipped or e-Tracked by You or any User of Your User Account.
You acknowledge and agree that as a recipient of any Content in a PunkPanda encapsulated message, You agree to comply with and be bound by the unique terms and conditions of the sender accompanying such Content. You also acknowledge and agree that PunkPanda has no liability, obligation, duty or responsibility to You in any manner or to any extent concerning any sender’s unique terms and conditions, or such sender’s Content which is included in a PunkPanda encapsulated message.
Lawful Use: You must use the Services, the App, and the Sites in accordance with all of the laws, regulations, and/or rules of where You are located. In some countries there are restrictions on the download and use of the App, or the Services and/or Sites. PunkPanda makes no representations that the materials on the Sites, the App, and/or the Content or the Services are appropriate, available or legal in any particular location. You agree that You utilize the Sites, the App, and/or the Services on Your own initiative and solely at Your own risk. It is solely Your responsibility to ensure that You are legally allowed to use the Services, the App, and/or Sites where You are located, and to comply with all applicable laws within the jurisdiction of Your use.
You agree to comply with all applicable local, state, national and international laws, rules and regulations, and all Internet regulations, policies and procedures, including all export and other laws regarding the uploading, posting, emailing or other transmission of Content exported from any country via the App, and/ or the Services. You understand that all Content, whether publicly posted or privately transmitted via the Sites, the App, and/or the Services, is Your sole and complete responsibility or that of the party from whom such Content originated. This means that You, whether as a sender or receiver of a PunkPanda encapsulated message, and not PunkPanda, are solely and entirely responsible for all Content that You upload, post, email or otherwise transmit or receive, store and/or track via the Sites, the App, or through the Services. You represent and warrant that You have the requisite legal rights to and ownership of any information, data, or any Content of any nature which You upload, post, email, text or otherwise transmit, store and/or track and that such uploading, posting, emailing, texting or other transmission or storing will not violate any law or the rights of any other person or entity. Notwithstanding the immediately preceding sentence, You agree that as a recipient of a PunkPanda encapsulated message which contains, in whole or in part, a texting conversation (i.e., chat), the originator of such PunkPanda encapsulated message has the sole right to vaporize the entire conversation, including Your side of the conversation, at any time and without Your consent.
You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Sites, the App, and/or the Services. Accordingly, You agree that You will be solely and completely responsible for all activities that occur under and/or through Your User Account. You agree that PunkPanda has no responsibility or obligation to You for any reason or to any extent other than to deliver the Sites, the App, and the Services pursuant to these T&Cs. You agree that PunkPanda is not responsible for and makes no representations or warranties concerning the accuracy of any Content sent or received, and/or the privacy or confidentiality of Your Content in the event the Sites, the App, and/or the Services are not utilized or are utilized improperly in any manner or to any extent. If You become aware of any unauthorized use of Your password or of Your User Account, You agree to notify PunkPanda immediately at admin@PunkPanda.io.
Fair Usage Policy:
Subject to this Fair Usage Policy, PunkPanda does not impose fixed limits on the amount or size of Content You e-Ship, e-Track and store as a User. PunkPanda does not charge You for Bandwidth used or the data base You generate using the Sites, the App, and/or the Services. PunkPanda charges You for the data utilized to e-ship and e-Track Content based on the size of the Content of each shipment.
PunkPanda cannot allow the actions of a few users to negatively influence the Service performance for the majority. Some types of activities are obviously violations such as the sending, tracking and/or storing illegal Content using the Service and PunkPanda retains the right to shut down Your use of the Sites, the App, and/or the Services for these purposes. However, some other activities can cause performance issues. These activities are difficult to summarize in a policy but are usually caused by a combination of items such as file types used, applications running, storage capacities, geographic locations, etc. As such, PunkPanda retains the right to intervene in order to uphold the overall PunkPanda high-quality user experience.
PunkPanda may invoke a Fair Use Policy, and limit or halt, and/or impose additional charges for the App, and/or the Services with respect to any event in which PunkPanda reasonably believes Your usage of the App, and/or the Services overtaxes the App, and/or the Services, or imposes excessive loads on the PunkPanda systems which may compromise the system performance for the majority, or is excessive in relation to Your agreement with PunkPanda for Your contracted Services, or violates any law with respect to illegal, illicit, or pornographic, obscene, or similar type of Content. In addition, without limiting the foregoing, PunkPanda retains the right to limit or halt the App, and/or the Services to any User sending dangerous or illegal Content, e.g., don’t send illegally downloaded music or videos laws that prohibit accommodating this particular use also bind PunkPanda.
As stated, the PunkPanda Fair Usage Policy applies to excessive or abusive usage of any contracted Services between You and PunkPanda. This includes, but is not limited to, any contract for Services You purchase which may have an “unlimited” designation or label. Under the PunkPanda Fair Usage Policy, You acknowledge and agree that PunkPanda did not intend the term “unlimited” to mean “totally unlimited use without restrictions or limits to any extent.” Rather, under the PunkPanda Fair Usage Policy, You agree that the term “unlimited” means that Your usage in an “unlimited” contract is subject to Fair Usage Policy restrictions and limitations in order to prevent excessive and/or abusive usage which may be deemed tantamount to unfair practices in a commercial contract. Pursuant to its Fair Use Policy, PunkPanda, in its sole and absolute discretion, will establish the restrictions and limitations on such “unlimited” use contracts from time to time and notify You promptly prior to Your violating this Fair Usage Policy in sufficient time and in an effort to avoid Your violating such Fair Usage Policy. PunkPanda will also notify You within thirty (30) days of implementing limitations and restrictions concerning “unlimited usage” contracts associated with Your User Account, if any.
PunkPanda wishes to keep customers satisfied, even those who are in violation of the Fair Usage Policy, because we acknowledge that this might not be intentional. Therefore, when PunkPanda invokes the Fair Usage Policy, by limiting or halting or imposing additional charges for the Services, PunkPanda will contact the impacted Users to find a mutually agreeable solution, which may include the violator adequately compensating PunkPanda for any excessive or abusive use. Failure to resolve this issue will result in termination of the Services, the App, and/or the Services to the violator.
User Submissions You acknowledge and agree that: (i) by using the Sites, the App, and/or the Services You may be exposed to Content that You may find offensive or indecent and You do so solely at Your own risk; (ii) You are solely responsible for, and PunkPanda has no responsibility to You or any third party for any User Submissions that You create, submit, post, email, text, send, or publish and/or track in any manner or to any extent on the Sites, the App, or through the Services; (iii) PunkPanda is not responsible for any User Submissions that You may have access to through Your use of the Sites, the App, and/or the Services and all User Submissions, including their respective content, format, form and substance are the sole responsibility of the person from whom such User Submissions originated. PunkPanda does not support or endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all responsibility, obligation, or liability in connection with User Submissions and/or any such Content in any and all respects and/or to any extent.
In connection with Your User Submissions, You represent and warrant that You:
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize PunkPanda to use all copyrights, trade marks, trade names, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these T&Cs; and
(ii) You have the written consent, release and/or permission of each and every identifiable individual person or entity in the User Submission to use the name and/or likeness of each and every such individual or entity in the User Submission, to enable inclusion and use thereof in the manner contemplated by these T&Cs. You shall not copy, post or use text, photos, pictures, music, video, sounds, images or any other Content regardless of type or nature from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property or other laws and the owners of the intellectual property or other rights in such Third Party Content may object to its use. You must not use any Third Party Content without first obtaining the written permission of the owner of the intellectual property or other rights in such Content. You acknowledge that any sender may include its own unique terms and conditions associated with and accompanying such sender’s Third-Party Content and agree to be bound by and comply with the unique terms and conditions accompanying any Third Party Content sent to You within a PunkPanda encapsulated message. You acknowledge and agree that any such unique terms and conditions are in addition to and do not supersede the PunkPanda T&C’s.
(iii) You may not submit or publish through the Sites, the App, and/or the Services any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property or other proprietary rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, You may not submit or publish User Submissions that contain falsehoods or misrepresentations, illegally solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation which cannot be unsubscribed, deleted or refused, or opted-out by recipient, or which does not comply with all laws, statutes, regulations, rules or best business practices, or impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Sites, the App, and/or the Services with respect to their User Submissions. You are solely responsible, liable and obligated for any and all of Your User Submissions, or User Submissions transmitted by or through Your User Account, their respective content, substance, form and format, whether or not created or originated by You.
No Reselling. The Sites, the App, and/or the Services are solely for Your individual personal use or Your use within or as an administrative tool, including as a method of marketing Your business, and not as a product for You to sell or license or otherwise exploit commercially. You shall not resell or commercialize the Sites, the App, and/or the Services to any third party solely for Your own benefit to the exclusion of PunkPanda in any manner or to any extent.
The Services may be subject to international rules that govern the export of software. You are solely responsible in all ways and to any extent, to comply with all applicable international and national laws that apply to You in Your particular country of domicile, which apply to the APP, and/or the Services, as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the U.S., the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R100351and thus may not be exported or re-exported from the United States to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Internet Communications Software may not be exported or re exported from the United States to or downloaded by any person or entity subject to United States sanctions regardless of location. See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. PunkPanda is making the App, and/or the Services available to You for download only on the condition that You certify that You are not such a person or entity and that the download is not otherwise in violation of United States or any other jurisdiction’s export control and sanctions or regulations.
Terms of Business Use:
These Terms of Business Use supplement and are in addition to the T&Cs contained herein.
The PunkPanda encapsulated message and Stamp are trademarks and intellectual property of PunkPanda and You are prohibited from using such marks or intellectual property other than as permitted under these Terms of Business Use and these T&Cs in general.
Your use of the PunkPanda encapsulated message and/or the Stamp, each of which are the intellectual and proprietary property of PunkPanda, is limited solely to e-shipping and e-tracking Your Content in the PunkPanda encapsulated message, or using the App, and/or the Services generally for Your consumption in accordance and in compliance with these T&C’s, the unique terms and conditions of a sender of Content to You in a PunkPanda encapsulated message, and all applicable laws. Any other use of the PunkPanda encapsulated message by You for any purpose is strictly prohibited. You are prohibited from using the PunkPanda encapsulated message and/or the Stamp as a virtual billboard for any markings, adverts, signs, displays, branding (other than self-branding which is a feature of the PunkPanda Services) or postings of any kind, in any manner or to any extent, whether or not You derive compensation from such use. In the event You violate this prohibition, PunkPanda shall have the right to terminate Your User Account and use of the Services, the App, and/or the Services, and to obtain an injunction and temporary restraining order, and all damages applicable under the law, against You and Your illegal usage of the PunkPanda marks and intellectual property, including the PunkPanda encapsulated message and the Stamp.
If You are a User of the Services, You are permitted to utilize the PunkPanda encapsulated message and/or the Stamp solely for Your own branding purposes. You nevertheless agree to be bound by and subject to the restrictions and prohibitions contained in these Terms of Business Use and in these T&Cs generally.
Except with respect solely to the limited self-branding use of the PunkPanda encapsulated message, You are prohibited from using the PunkPanda encapsulated message and/or the Stamp for Your own commercial exploitation in any manner or to any extent, including exploitations for which You do not receive any compensation. Any such exploitation constitutes an unauthorized use of the PunkPanda Intellectual Property, trademark, trade name, and similar protected marks and intellectual property. In the event You violate this prohibition, You agree that You are absolutely and unconditionally obligated and liable to pay PunkPanda, in liquated damages and restitution, an amount equal to fifty percent of the gross revenue attributable, directly or indirectly, to Your commercial exploitation of the PunkPanda encapsulated message and/or Stamp by You, or a third-party acting on Your behalf, or for Your interest. Your obligation and liability to pay PunkPanda such amount of a revenue share is not subject to any defense, counterclaim, offset, set-off, or any abatement whatsoever for any reason or to any extent.
You must be a paying User of the Services, i.e., a Premium User (not a free User) in order to use certain of the Services including, but not limited to, to access, send and receive a PunkPanda encapsulated message via SMS, or receive notification of such send or receipt of a PunkPanda encapsulated message via SMS, or to send or receive audio and/or video in a PunkPanda encapsulated message on any platform or device, or have interactive features on Your PunkPanda encapsulated message and/or Stamp, and such other features for which PunkPanda may require Premium User status. You agree that PunkPanda has the sole right to require the paying status of a Premium User with respect to certain of the features of the App and/or the Services, now and in the future, in its sole and absolute discretion, and Your refusal to pay for any such features will prohibit You from accessing or using such features.
Within the sole and absolute discretion of PunkPanda, there are no refunds, discounts or credits with respect to any of the paid Services.
PunkPanda is not obligated, liable or responsible to provide the App, and/or the Services at any time or under any circumstances, unless and until all payments with respect to the Services are made by You or on Your behalf, in cleared funds and received by PunkPanda. This includes any payments to which You may be obligate by reason of being in violation of these Terms of Business Use or these T&Cs in general.
You hereby acknowledge and agree that Your use of the App, and the Services is non-exclusive in all respects.
All usage of the App, and/or the Services is subject to a Fair Usage Policy as provided in the T&Cs generally. You are hereby on notice and agree that under PunkPanda’s Fair Usage Policy, if Your usage and Your contract for the App, and/or the Services is “unlimited”, it is subject to the Fair Usage Policy PunkPanda may established from time to time. You will be notified by PunkPanda within thirty (30) days of PunkPanda establishing limitations and restrictions on the “unlimited” usage to comport Your usage with non-excessive or non-abusive levels. You will also be notified by PunkPanda prior to a first-time potential violation of PunkPanda’s Fair Usage Policy, and agree to pay the additional charges to be invoiced to You by PunkPanda, in arrears, for any of Your usage that exceeds the level of fair usage established solely by PunkPanda. You agree PunkPanda will invoice You for Your usage exceeding the level of fair usage established herein beginning on the first day of the calendar month immediately following the calendar month in which Your usage started to exceed the fair usage level established herein, after having received appropriate notices as provided in these Terms of Business Use and in the Fair Usage Policy section of these T&C’s generally.
PunkPanda is and shall remain the owner of all right, title and interest in and to all proprietary information and intellectual property constituting and/or contained within the Sites, the App, and/or the Services and all related deliverables, including without limitation all applicable copyrights, patents, trade secrets, trademarks, trade names, know-how, source code, executable code and object code, and other proprietary and intellectual property rights therein and all derivative works based thereon. You shall not, by virtue of Your acquisition of the App, and/or the Services, acquire any rights in or to any of the foregoing other than the right to use the App, and/or the Services in accordance with these Terms of Business and these T&Cs generally. You shall not (and shall not permit any other person to) obscure, alter or remove any copyright, trademark, patent or other proprietary notice, label or marking from any documents or materials relating to the App or the Services. You acknowledge that the Sites, the App, and/or the Services constitute a valuable proprietary product of PunkPanda, the contents of which were developed by or on behalf of PunkPanda with substantial time, effort, creativity and expense. You shall not (and shall not permit any other person to) reproduce, duplicate, copy, translate, alter, modify, supplement, replace in part or in whole, disassemble, decompile, reverse engineer or create any derivative works based on the Sites, the App, and/or the Services, or attempt to discover any underlying source code of the Sites, the App, and/or the Services. Any such action taken without PunkPanda’s express written consent will constitute a material breach of these Terms of Business Use and these T&Cs generally and permit PunkPanda to terminate this Agreement, Your User Account, and Your use of the App, and/or the Services, effective immediately and without prejudice to any other rights of PunkPanda.
You hereby agree to defend, indemnify and hold harmless PunkPanda, its subsidiaries, parent companies, and any entities controlling, controlled by or under common control with PunkPanda, and their respective directors, officers, shareholders, employees, agents, representatives, successors and assigns, from and against any and all injuries, causes of action, claims, suits, losses, damages, liabilities and expenses of or alleged against PunkPanda whatsoever, including without limitation any and all costs of investigation and/or defense and reasonable attorneys’ fees and other professional fees, arising out of, related to or otherwise attributable to or resulting from, whether directly or indirectly, (i) the provision of the Sites, the App, and/or the Services by PunkPanda hereunder and/or the utilization thereof by You or by You on behalf of a third-party or any third-party recipient of content sent by You or by You on behalf of another third-party; or (ii) any action against PunkPanda by a third party as a result of PunkPanda’s performance of the Sites, the App, and/or the Services pursuant to these Terms of Business Use and these T&Cs generally, except in each case with respect to all injuries, causes of action, claims, suits, losses, damages, liabilities and expenses of PunkPanda attributable to PunkPanda’s grossly negligent acts or omissions or PunkPanda’s fraud or intentional malfeasance.
You hereby agree, on behalf of Yourself, respective present and former employees, officers, directors, shareholders, principals, agents, heirs, executors, administrators, predecessors, successors, assigns, representatives, parents, subsidiaries, affiliates, and attorneys, to fully release and forever discharge PunkPanda, each of its respective present and former employees, officers, directors, shareholders, principals, agents, heirs, executors, administrators, predecessors, successors, assigns, representatives, parents, subsidiaries, affiliates, and attorneys (“Releasees”) from any and all claims, demands, actions, causes of action, contracts, obligations, responsibilities, choses in actions, suits, debts, costs, or liabilities, whether presently known or unknown, choate or inchoate, tangible or intangible, now or in the future, that You ever had, now have, or may hereafter claim to have or have had, against any of the respective Releasees from the Your first use of the Sites, the App, and the Services to the end of the world.
You agree to maintain adequate general liability and other commercial insurances in order to fulfill Your obligations under these Terms of Business Use and these T&C’s generally.
Unless otherwise specified, the App, and/or the Services are intended for Your personal use only. Except with respect solely to the limited self-branding use, personal use, and use within Your business, including as an administrative tool, You are prohibited from using the App, and/or the Services for commercial purposes, re-sell or license the App and/or the Services, or any of its contents, or permit any other person to do so. You may not authorize others to use the App, and/or the Services and You are solely responsible for all use of the App, and/or the Services by You and by those You allow to use, or provide access to, the App, and/or the Services. You are solely responsible for maintaining the privacy of any and all information You obtain through Your use of the Services and/or the App. You may not impersonate, imitate or pretend to be somebody else when registering for, and/or using the App, and/or the Services.
You agree not to provide to or post on or through the App, and/or the Services, any false, misleading, inaccurate information, and/or graphics, text, photographs, images, video, audio or other material that constitutes false, misleading, or inaccurate information, junk mail, spam, advertising, and/or commercial offers.
You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App, and/or the Services, any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, violent or sexually explicit. You agree to refrain from communicating ethnic slurs, religious intolerance, homophobia, and/or personal attacks on or through the App, and/or the Services. You may not provide to or post on or through the App, and/or the Services, any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use). You agree to use the App, and/or the Services, only for lawful purposes and You acknowledge that Your failure to do so may subject You to civil and criminal liability.
The App and/or the Services may contain graphics, text, photographs, images, video, audio and other material provided by PunkPanda or its licensors that is clearly identified for Your use (collectively, “Assets”). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to You the limited, non-exclusive, right and license to use the Assets solely as described in the Services and/or the App, as limited by this Agreement, and provided further that You keep intact any and all copyright and other proprietary, and/or intellectual property confidentiality.
The App and/or the Services, may also contain other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by PunkPanda or its licensors that is not clearly identified as, or intended, for Your use, including without limitation the organization, design, compilation, and “look and feel” of the App, and advertising thereon (collectively, “App Content”). The App Content, the Sites and the Services are protected by local, state, national and international copyright, trademark and other intellectual property laws, and is the property of PunkPanda or its providers or licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by You, directly or indirectly, of any such App Content, and/or the Services, and/or the Sites including but not limited to the removal or alteration of advertising if any, is strictly prohibited.
You may not in any way or to any extent, make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the Sites, the Services, and/or the App, including without limitation the Assets or App Content, except as expressly permitted in writing by these T&C’s.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App and/or the Services or its associated software, hardware and/or servers in any way, and You agree not to impede or interfere with others’ use of the App, and/or the Services.
You may not attempt to gain unauthorized access to PunkPanda’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Sites, the App, and/or the Services or otherwise.
You acknowledge that PunkPanda has not reviewed and does not endorse the content of all sites or services (including other third-party applications) linked to or from the Sites, the Services, and/or the App and is not responsible for the content or actions of any other sites, services or applications linked to or from the App, the Services, and/or the Sites. Your linking to any service or site is at Your sole and absolute discretion and sole risk of any and all consequences.
In the event the Sites, the Services, and/or the App provides a facility by or through which You would be able to access third-party products and/or services, then neither PunkPanda nor its third party licensors or vendors make any warranties with respect to any of the merchandise, products, and/or services which may be featured, mentioned, or sold on or through the Sites, the Services or the App. Transactions for any such item shall be between You and the third party seller, distributor, or manufacturer without any involvement of PunkPanda or its third party licensors or vendors. You agree that PunkPanda and its third-party licensors or vendors are not responsible, and shall have no liability to You, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the Sites, the Services, or the APP, including illegal, offensive or illicit items, even items that may violate these T&C’s.
By accessing this App through a device made by Apple, Inc. (“Apple”), You specifically acknowledge and agree that: (i) this Agreement is between PunkPanda and You; Apple is not a party to these T&C’s; (ii) Apple and its subsidiaries are third party beneficiaries of these T&C’s and upon Your acceptance of the terms and conditions of these T&C’s, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&C’s against You; (iii) the license granted to You hereunder is limited to a non-transferable right to use the App on the Apple device(s) authorized by Apple that You own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service; (iv) Apple has no obligation whatsoever in connection with the functionality or content of the App, or to furnish any maintenance or support services with respect to the App; (v) in the event of any failure of the App to conform to any Applicable warranty, You may notify Apple, and Apple will refund the amount You paid for the App, if any (to the maximum amount permitted by Applicable law, Apple will have no other warranty obligation whatsoever with respect to the App); (vi) Apple is not responsible for addressing any claims by You or a third party relating to the App or Your possession and/or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any Applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vii) in the event of any third party claim that the App or Your possession and use of the APP infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and/or discharge of such claim; and (viii) You represent and warrant that (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree not to use the Sites, the App, or the Services:to upload, post, e-mail, text, chat or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, distasteful, libelous, invasive of another’s privacy, hateful or racially, ethnically, sexually or otherwise objectionable;
- to harm minors in any way, including without limitation encouraging interactions with minors of a sexual nature;
iii. to impersonate any person or misrepresent a relationship with any person or entity, including without limitation a PunkPanda employee or officer, or to falsely state or otherwise misrepresent Your identity or Your affiliation with a person or entity;
- to manipulate the Sites, the App, or the Services in any way in order to disguise the origin of any Content transmitted via the Sites, the App, or the Services;
- to upload, post, e-mail, text, chat or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
- to upload, post, e-mail, text, chat or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, intellectual property or other proprietary rights of any party;
vii. to use the Sites, the App, or the Services to transmit “spam” or in furtherance of any “pyramid” or similar or comparable scheme;
viii. to upload, post, e-mail, text, chat or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or impair the integrity of the Content of any computer software or hardware or telecommunications equipment of PunkPanda or any other users of the Sites, the App, or the Services;
- to interfere with, disrupt or impair the Sites, the App, or the Services, or any of PunkPanda’s servers or networks, or disobey any requirements, procedures, policies or regulations of any network connected to the Sites, the App, or the Services;
- to interfere with, disrupt or impair any other party’s use and enjoyment of the Sites, the App, and/or the Services;
- to stalk or otherwise harass, threaten or abuse another person; or to disparage, discredit, besmirch, etc. the representation or identity of any person or entity, including PunkPanda; or
xii. to collect or store personal data about another user, for commercial use or otherwise, without his/her/its respective written consent.
You agree to use the Sites, the App, and/or the Services only for lawful purposes and You acknowledge that Your failure to do so may subject You to civil and/or criminal liability.
PunkPanda’s Treatment of and Liability for Content
You acknowledge that PunkPanda does not pre-screen or review Content, but that PunkPanda and its designees shall have the right (but not the obligation), in its sole and absolute discretion, to refuse or remove any Content that is transmitted via the Sites, the App, or the Services. Without limiting the foregoing, PunkPanda and its designees shall have the right to refuse or remove any Content that violates these T&Cs or, in PunkPanda’s sole and absolute discretion, is otherwise objectionable.
You agree that if You receive any objectionable Content as a recipient of such Content through use of or by means of the Sites, the App, or the Services, You have no recourse against PunkPanda for any reason or to any extent. You agree that PunkPanda is not liable to You nor does PunkPanda have a duty to You with respect to any Content You send, or that is sent by or through Your User Account, or that of any Third-Party Content received by You through Your use of the Sites, the App, and/or the Services, or Your User Account.
You agree that You solely bear all risks associated with the transmission or receipt or tracking of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. You agree that PunkPanda is not responsible, liable, or obligated in any manner or to any extent to You for any Content transmitted or received or tracked by You or through Your User Account, including with respect to Content which comprises, in whole or in part, texting conversations (i.e., chat).
You agree that You solely bear all responsibility and risk and are totally liable to pay for all costs, damages, losses, and expenses which may arise from Your failure to utilize PunkPanda or failure to utilize the App, and/or the Services properly.
You agree that as a recipient of any Content which comprises texting conversations, in whole or in part, You are solely responsible for Your texting conversation Content. You acknowledge and agree, as the recipient of a PunkPanda encapsulated message with Content comprising, in whole or in part, any texting conversation, that the originator of such PunkPanda encapsulated message has the right to vaporize Your side of the texting conversation (i.e. chat) at any time without Your consent. You unconditionally agree that PunkPanda has no obligation, duty, liability or responsibility to You in any capacity with respect to any of Your texting conversation, and/or the actions of the originator of any such PunkPanda encapsulated message in which You and the originator engaged in texting conversation.
PunkPanda does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise concerning the Sites, the App, and/or the Services, whether or not contained in the Sites, the App, and/or the Services. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, input the data or information and do not necessarily represent the views of PunkPanda, its affiliates, or its third party providers or licensors. You agree that PunkPanda, its affiliates, and its third party providers or licensors are not responsible, and shall have no liability to You, or any party related or affiliated with You, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these T&Cs.
Availability and Accuracy of the Sites, the App, and the Services
PunkPanda shall: (i) use commercially reasonable efforts to make the Sites, the App, and/or the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond PunkPanda’s control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving PunkPanda’s employees), or Internet service provider failures or delays, and (ii) provide the Sites, the App, and/or the Services in accordance with Applicable laws and government regulations.
The Sites, the App, or the Services may include information that is inaccurate, incomplete, unreliable or outdated. PunkPanda does not make any representations or warranties with respect to the information contained on the Sites, the App, or within the Services, or the Content owned by Users of PunkPanda which is transmitted or delivered via the Sites, eh App, and/or the Services. PunkPanda does not guarantee that any such information or Content is complete, accurate, current or reliable. PunkPanda hereby disclaims all liability for any information or Content that is incomplete, inaccurate, unreliable or outdated, or transmitted or delivered without the use of the Sites, the App, or Services or the improper use of the Sites, the App, or the Services.
PunkPanda cannot guarantee that the Services, the App, or the Sites will always function without disruptions, delay or errors. A number of factors may impact the quality of Your use of the App, the Services or the Sites. PunkPanda takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of Your local network, firewall, internet service provider, the public internet, telephone system, Your power supply, etc., or any other items over which PunkPanda has no control.
PunkPanda is constantly improving the Sites, the App, and/or the Services and may also need to change technical features from time to time in order to comply with Applicable regulations. Accordingly, You acknowledge and agree that the Sites, the App, and the Services and functionality of the Sites, the App, and/or the Services may vary from time to time. Technical requirements for use of the Sites, the App, and/or the Services and feature descriptions are available on the Sites, the App, and/or the Services. If You do not agree with any changes to the Sites, the App, and/or the Services, You may terminate Your relationship with PunkPanda in accordance with these T&Cs or any Agreement. You may need to upgrade to a new version in order to enjoy the benefit of the App and/or certain of the Services. In addition, You acknowledge and agree that certain Services may be subject to usage limits including a Fair Usage Policy which may limit, terminate, or impose additional charges with respect to the Sites, the App, and/or the Services or other restrictions, which may vary from time to time.
You may link to the Sites, the App, and/or the Services, from another website owned by You, provided You do so in a way that is fair and legal and does not damage or disparage our reputation in any manner or to any extent or take advantage of it. You must not establish a link in such a way as to suggest any form of relationship, association, approval or endorsement by PunkPanda where none exists. You may not frame the Sites, the App, or the Services, on any other site. PunkPanda may revoke the permission to link to the Sites, the App, and/or the Services at any time at its sole and absolute discretion and will notify You in this respect.
Links; Third Party Sites
You acknowledge and agree that any third party product information and pricing that is shown on the Sites or the App regarding third party products and services is given to PunkPanda by the applicable third party merchant (“Merchant”). The Merchant has the ability to change its pricing or terminate their product availability at anytime. PunkPanda is not involved in any transactions between You and any Merchant whose products and/or services are listed on the Sites, and/or the App. PunkPanda does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other Content about such products and services displayed on the Sites, and/or the App; (v) links to the Merchants’ websites that are featured on the Sites or the App. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed solely to the applicable Merchant.
The Sites or the App may contain links to other web sites, web pages, services and resources that are operated by parties other than PunkPanda. Any reference to or description within the Sites or the App, of third parties, products, services or publications shall not be deemed an endorsement of such third parties, products, services or publications. PunkPanda is not responsible for such third-party websites or the availability of such websites, the Contents, security or availability of any such other site and does not endorse and is not responsible in any way or to any extent for any Content, advertising, products, services or other materials on or available at, from or through such other sites. You agree that PunkPanda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such Content, advertising, products, services or other materials on or available at, from or through any such other site. Your use of any third-party websites is subject to the terms and conditions posted on the respective website of such third-party.
You agree to indemnify and hold harmless PunkPanda and its affiliates, and all of their respective officers, directors, managers, members, employees, agents, representatives, successors and assigns, from and against any and all claims, debts, demands, proceedings, losses, liabilities, damages, costs, charges and expenses (including court costs and attorneys’ fees), directly or indirectly arising out of or resulting from: (i) Your use, whether as a sender or receiver, of the Sites, the App, or the Services, including submissions, and/or (ii) Your use or reliance on any Content or the Sites, the App, or the Services, and/or (iii) Your failure to comply with these T&Cs, any other Agreement You have with PunkPanda, and/or any applicable law, rule or regulation, and/or (iv) Your infringement or misuse of any of PunkPanda’s, its affiliates’ or third-party licensors’ intellectual property or other proprietary rights.
You hereby release PunkPanda and its affiliates (including their respective employees, directors, officers, shareholders, agents, and representatives) from any and all claims, demands, losses, expenses, and damages (actual, consequential, punitive, special, or otherwise) of every kind and nature, choate and inchoate, contingent, known and unknown, suspected and unsuspected, disclosed and undisclosed, tangible and intangible, arising out of or in any way connected, directly or indirectly, with Your delivery, receipt, access to and/or use of or reliance on the Content or the App, the Services or the Sites.
Disclaimer of Warranties; Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING AND/OR USING THE SITES, THE APP, AND/OR THE SERVICES SOLELY AT YOUR OWN RISK.
NEITHER PUNKPANDA NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, CAN GUARANTEE THE PROTECTION OF THE PRIVACY OR SECURITY OF YOUR DATA OR INFORMATION THAT IS INPUTTED AND/OR TRANSMITTED TO, OR TRACKED BY, OR THROUGH THE SITES, THE APP, AND/OR THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PUNKPANDA IS PROVIDING THE SITES, THE APP, AND/OR THE SERVICES “AS-IS” AND WITHOUT REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, ANY WARRANTY THAT ACCESS, AVAILABILITY OR OPERATION, ADEQUACY, OR PERFORMANCE OF THE SITES, THE APP, AND/OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, INACCURACIES, OR OMISSIONS WITH RESPECT TO ANY CONTENT OR USER SUBMISSIONS, OR LOSS OF TRANSMITTED AND/OR TRACKED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITES, THE APP, AND/OR BY OR THROUGH THE SERVICES. PunkPanda MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, CONCERNING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED ON THE SITES, THE APP, OR OF ANY CONTENT OR USER SUBMISSION PROVIDED OR TRANSMITTED OR TRACKED VIA THE SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PunkPanda SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH YOUR DELIVERY, RECEIPT, USE OF OR RELIANCE ON THE CONTENT AND/OR THE SITES, THE APP, AND/OR THE SERVICES, AND THAT YOU ARE AND REMAIN SOLELY AND COMPLETELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES OR ANY OTHER EXPENSES RESULTING FROM YOUR DELIVERY, RECEIPT, TRACKING, USE OF OR RELIANCE ON THE CONTENT, AND/OR THE SITES, THE APP, AND/OR THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PunkPanda SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OR INJURIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURIES CAUSED BY ERROR, OMISSION, INACCURACIES,INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED CONTENT, TRANSMISSIONS,USER SUBMISSIONS, FAILED INTERNET CONNECTIONS, TRACKING, UNAUTHORIZED USE OF THE SITES,THE APP OR THE SERVICES, LOST OR INACCURATELY ENTERED DATA, OR CONTENT OF ANY NATURE, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES, THE APP, OR THE SERVICES WHETHER AS A SENDER OR RECIPIENT, OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, EVEN IF PunkPanda HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, IN TORT, IN EQUITY OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, PunkPanda’S LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE LESSER OF (A) THE AMOUNT OF FEES (IF ANY) ACTUALLY RECEIVED BY PunkPanda FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, OR (B) US $100.
YOU HEREBY AGREE TO RELEASE PunkPanda, ITS AFFILIATES AND THIRD-PARTY LICENSORS OR VENDORS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM CLAIMS, DEMANDS.LOSSES, EXPENSES, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, CHOATE AND INCHOATE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, CONTINGENT AND NON-CONTINGENT, TANGIBLE AND INTANGIBLE (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED, DIRECTLY OR INDIRECTLY, WITH YOUR USE OF THE SITES, THE APP, AND/OR THE SERVICES.
Modification of the Site, the App, and Services
PunkPanda reserves the right to communicate through the Sites, the App, and/or the Services or otherwise, from time to time, additional rules of usage that apply to specific parts of the Sites, the App, and/or the Services. Your continued use of the Sites, the App, and/or the Services, constitutes Your agreement to comply with these additional rules.
Ending Your Relationship With PunkPanda
You may terminate Your relationship with PunkPanda at any time by requesting in writing (email to constitute a writing) closure of Your User Account, ceasing to use the Sites, the App, and the Services and canceling any recurring payments.
PunkPanda may terminate its relationship with You, or may terminate or suspend Your use of the Sites, the App, and the Services, or User Account(s), at any time and without recourse to the courts:
(a) if You are in breach of these T&Cs or any other Agreement You may have with PunkPanda;
(b) if PunkPanda reasonably suspects that You are using the Services, the App, or the Sites to break the law or infringe third party rights in any manner or to any extent;
(c) if PunkPanda reasonably suspects that You are trying to unfairly exploit or misuse the Sites, the App, and/or the Services, or any of our policies.
(d) if PunkPanda reasonably suspects that You are using our Sites, the App, and the Services fraudulently or that Your User Account is being used by a third party fraudulently;
(e) if You have purchased data via PunkPanda Stamps from an unauthorized reseller;
(f) in respect of a particular Service, on thirty (30) days notice if PunkPanda decides to cease offering that Service;
(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of PunkPanda’s partners, affiliates or third-party licensors;
(h) on thirty (30) days notice if PunkPanda decides to cease offering the Services to users in Your jurisdiction generally; or
(i) without notice, for any or no reason.
PunkPanda shall effect such termination by preventing Your access to Your User Account, the Sites, the App, and the Services. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
Consequences of Termination: Upon termination of Your relationship with PunkPanda: (a) all licenses and rights to use the Sites, the App, and the Services shall immediately terminate; (b) You will immediately cease any and all use of the Sites, the App, and the Services; (c) no refunds will be made for any amount of data or Stamps You have purchased or any Services for which You have paid.
No other agreement or understanding purporting to modify these T&Cs shall be binding upon PunkPanda unless agreed to by PunkPanda in writing. The failure by PunkPanda to exercise, or delay in exercising, a legal right or remedy provided by these T&Cs or by law shall not constitute a waiver of PunkPanda’s rights or remedies. If PunkPanda waives a breach of these T&Cs, any such waiver shall not operate as a waiver of a subsequent breach of these T&Cs. Any provision of these T&Cs which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Any provision, which is expressed or clearly intended to survive or operate in the event of termination, shall survive termination of these T&Cs.
You acknowledge and agree that if PunkPanda is unable to provide access to the Sites, the App, and/or the Services as a result of a force majeure event, PunkPanda will not be in breach of any of its obligations towards You under these T&Cs or any Agreement You may have with PunkPanda. A force majeure event means any event beyond the control of PunkPanda.
Your Confidential Information and Your Privacy
For Government Users Only
The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations paragraph 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.
How To Contact PunkPanda
To contact PunkPanda in relation to the PunkPanda Site or Services or “PunkPanda” branded Products, please submit a support request to support@PunkPanda.io.
If You contact PunkPanda by any means other than as set out herein Your request may not be acknowledged.
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with PunkPanda.
For Your convenience, PunkPanda may provide You with a translation of the English language version of these T&Cs. In the event of any inconsistency between a non-English version of these T&Cs and the English version, the English version shall govern Your relationship with PunkPanda.
Any provision, which is expressed or clearly intended to survive or operate in the event of termination, shall survive termination of these T&Cs.
Copyright and Intellectual Property Disputes
Each and every notification of claimed copyright or other intellectual property infringement which complies with the requirements set forth in the particular laws of the jurisdiction in which any such infringement may have occurred should be directed to PunkPanda’s registered copyright or other intellectual property agent via mail, overnight courier service, facsimile, or e-mail: email@example.com
Governing Law; Jurisdiction and Venue
These T&Cs will be governed by, construed, interpreted and enforced in accordance with the laws of England and Wales, without regard to the conflicts of law principles thereof.
Any action or proceeding based on or arising out of these T&Cs shall be brought only in the courts located in the United Kingdom, and You agree to submit to the exclusive personal jurisdiction of such courts. Process in any such action or proceeding may be served on You anywhere in the world. You agree that the prevailing Party in any such action or proceeding shall be entitled to recover the reasonable attorneys’ fees and costs incurred by such Party in the course of prosecuting or defending any action or proceeding brought under these T&Cs.