Terms of Services of using ViralPanda.net
Terms of Services of using ViralPanda.net
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ViralPanda’s relationship with you in relation to this website. The term ‘ViralPanda’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is in the United States of America. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- We do not sell personal information collected from you (If any) to the third party. We may use that information for suggesting interesting news to you only.
- All trademarks reproduced on this website, which is not the property of, or licensed to, the operator is acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.
The following terms and conditions govern all use of this website (including all pages and subpages accessed at the domain of this Terms document, and all pages accessed via subdomains of this domain) and all content, services, and products available at or through the website (taken together, the Website). The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on this Site (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Website, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.
Your Account and Site. If you create an account/comment user/blog/site on the Website, you are responsible for maintaining the security of your account and posted data, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your postings. You must not describe or assign keywords to your postings in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and the Website may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause the Website liability. You must immediately notify the Website of any unauthorized uses of your data, your account or any other breaches of security. The Website will not be liable for any acts or omissions by You, including any damages of any kind incurred because of such acts or omissions.
Responsibility of Contributors. If you operate a posting system, comment, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your posting is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your posting is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Website or otherwise.
By submitting Content to the Website for inclusion on the Website, you grant the Website a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, the Website will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, the Website has the right (though not the obligation) to, in the Website’s sole discretion (I) refuse or remove any content that, in the Website’s reasonable opinion, violates any Website policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Website’s sole discretion. The Website will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms.
By selecting a product or service, you agree to pay the Website the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal.
Unless you notify the Website before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to the Website in writing.
Services.
Fees; Payment. By signing up for a Services account you agree to pay the Website the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. The Website reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to the Website.
Support.
If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by the Website to respond within five business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free WashingtonSources.org services. All support will be provided in accordance with the Website standard services practices, procedures, and policies.
Responsibility of Website Visitors. The Website has not reviewed, and cannot review, all the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects.
By operating the Website, the Website does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Website disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which the Website links, and that links to the Website. The Website does not have any control over those non-Website sites and webpages and is not responsible for their contents or their use. By linking to a non-Website site or webpage, the Website does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website disclaims any responsibility for any harm resulting from your use of non-the Website websites and webpages.
Copyright Infringement and DMCA Policy. As the Website asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify the Website in accordance with the Website’s Digital Millennium Copyright Act (“DMCA”) Policy. The Website will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Website will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Website or others. In the case of such termination, the Website will have no obligation to provide a refund of any amounts previously paid to the Website.
Intellectual Property. This Agreement does not transfer from the Website to you any of the Website or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with the Website. The Website, and its domain name, logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of the Website or the Website’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of the Website or third-party trademarks.
Advertisements. The Website reserves the right to display advertisements unless you have purchased an ad-free account.
Attribution. The Website reserves the right to display attribution links, theme author, and font attribution in relevant Content.
Partner Products. By activating a partner product from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Changes. The Website reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Website may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. The Website may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by the Website if you materially breach this Agreement and fail to cure such breach within thirty (30) days from the Website’s notice to you thereof; provided that, the Website can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. the Website and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Website nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will the Website, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Website under this agreement during the twelve (12) month period prior to the cause of action. The Website shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Website Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless the Website, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between the Website and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Website, or by the posting by the Website of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United States, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the Website owner’s local jurisdiction. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in the local jurisdiction of the Website’s owners, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Website may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Viralpanda.Net & its affiliates, partners reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
- Privacy Policy Please refer to our Privacy Policy for information on how Viralpanda.Net & its affiliates, partners collect, uses and discloses personally identifiable information from its users.
- Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the American Independent Media and Viralpanda.Net & its affiliates, partners’ logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Viralpanda.Net & its affiliates, partners or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Sites and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Viralpanda.Net & its affiliates, partners, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Viralpanda.Net & its affiliates, partners have adopted a policy of terminating, in appropriate circumstances and at Viralpanda.Net & its affiliates, partners’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Viralpanda.Net & its affiliates, partners may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether there is any repeat infringement.
- Copyright Complaints
If you believe that anything on the Sites infringe upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below. Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
Full Address of Designated Agent to Which Notification Should be [email protected] Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- Trademarks
Viralpanda.Net & its affiliates, partners product or service name or slogan contained in the Sites are trademarks of Viralpanda.Net & its affiliates, partners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Viralpanda.Net & its affiliates, partners or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Viralpanda.Net” or any other name, trademark or product or service name of Viralpanda.Net & its affiliates, partners without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Viralpanda.Net & its affiliates, partners and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Viralpanda.Net & its affiliates, partners names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
- Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Viralpanda.Net & its affiliates, partners or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Viralpanda.Net & its affiliates, partners logo or other proprietary graphic of Viralpanda.Net & its affiliates, partners to link to these Sites without the express written permission of Viralpanda.Net & its affiliates, partners. Further, you may not use, frame or utilize framing techniques to enclose any Viralpanda.Net & its affiliates, partners trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Viralpanda.Net & its affiliates, partners’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of Viralpanda.Net & its affiliates, partners or any third party. Viralpanda.Net & its affiliates, partners make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Viralpanda.Net & its affiliates, partners and Viralpanda.Net & its affiliates, partners is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Viralpanda.Net & its affiliates, partners provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Viralpanda.Net & its affiliates, partners of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
- Third Party Content
Viralpanda.Net & its affiliates, partners may provide third party content on the Sites and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Viralpanda.Net & its affiliates, partners do not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Viralpanda.Net & its affiliates, partners, is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third-Party Content contained therein at their own risk.
- Advertisements and Promotions; Third-Party Products and Services
Viralpanda.Net & its affiliates, partners may run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services on the Sites. Viralpanda.Net & its affiliates and partners do not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Viralpanda.Net & its affiliates, partners are not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non- Viralpanda.Net & its affiliates, partners advertisers or third party information on the Sites.
- Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, [regarding the Sites, the Viralpanda.Net & its affiliates, partners or Viralpanda.Net & its affiliates, partners’ products or services that are] provided by you in the form of email or other submissions to Viralpanda.Net & its affiliates, partners, or any postings on the Sites, are non-confidential and shall become the sole property of Viralpanda.Net & its affiliates, partners. Viralpanda.Net & its affiliates, partners shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Indemnification
You agree to defend, indemnify and hold harmless Viralpanda.Net & its affiliates, partners, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your violation of these Site Terms or your violation of the rights of any third party.
- Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Viralpanda.Net & its affiliates, partners, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Viralpanda.Net & its affiliates, partners DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. Viralpanda.Net & its affiliates, partners DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Viralpanda.Net & its affiliates, partners DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Viralpanda.Net & its affiliates, partners, IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE Viralpanda.Net & its affiliates, partners ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, Viralpanda.Net & its affiliates, partners CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Viralpanda.Net & its affiliates, partners reserve the right to change all content contained in the Sites and to modify, suspend or discontinue the Sites or any Services offered through the Sites or any features or functionality of the Sites or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Viralpanda.Net & its affiliates, partners.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL Viralpanda.Net & its affiliates, partners, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Viralpanda.Net & its affiliates, partners, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Viralpanda.Net & its affiliates, partners’ RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Viralpanda.Net & its affiliates, partners, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Viralpanda.Net & its affiliates, partners FOR ACCESS TO OR USE OF THE SITES.
- Applicable Law and Venue
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the District of Columbia, applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
- Termination
Notwithstanding any of these Site Terms, Viralpanda.Net & its affiliates, partners reserve the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
- Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about the Sites may be directed at [email protected]