Panraven - Terms of Service

Panraven Terms of Service

Overview

Before you enter the Panraven site (the "Site") or use any Panraven service, it is important that you carefully review the Terms of Service set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version here. In case of inconsistencies between these Terms and any other information furnished by or about Panraven, these Terms will always take precedent. We recommend that you become familiar with these Terms and periodically check them to keep abreast of any changes or additions.

By entering and using the Site, you acknowledge that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Panraven that you will use the Site and its services (together, the "Service") only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at membersupport@panraven.com. Your use of the Service is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to use the Service.

I. Digital Content & Media Storage

Panraven's basic service offers 1 gigabyte of free media storage upload and storage of an unlimited number of stories.

Please refer to the section "Termination" for more terms affecting the storage of digital media in your Panraven account.

II. Member Conduct

Panraven is committed to providing a fun and safe place to store, organize, share and publish your memories. Panraven expects you to use the Service in a manner that is consistent with this commitment. To this end, we require that every member of the Service agree not to use it in a manner that portrays or exhibits Prohibited Conduct. Generally, Prohibited Conduct means (without limitation) that you may not use Panraven's Service:

a. In a manner that violates any local, state, national or international law, rule, regulation, treaty or tariff, including any laws regarding the transmission of technical data exported from your country of residence.

b. In a manner that infringes on the legal rights of any third party.

c. In a manner which is defamatory, fraudulent, indecent, offensive or deceptive.

d. To threaten, harass, abuse or intimidate others.

e. To damage the name or reputation of Panraven, Panraven, Inc., its affiliates, or subsidiaries.

f. To break security on any computer network, or to access an account that does not belong to you, and.

g. In any manner that interferes with other customers' use and enjoyment of the Service

Panraven, in its sole discretion, may determine whether a member’s conduct constitutes Prohibited Conduct, and any use of the Service may be subject to examination from time to time. You acknowledge that although Panraven does not and will not examine and review all use of the Service, Panraven has the absolute right (but not the obligation) to review and take action towards a user for any reason, at any time, without notice.

Prohibited Conduct may result in immediate termination of your account, and may subject you to state, national and/or international penalties and other legal consequences.

III. Member Content

As part of Panraven's commitment to ensure that our Service remains a fun and safe place to store, organize, share and publish your memories, members are also encouraged to use the Service to post creative material, including (without limitation) photographs, other digital images, video, audio, text, and comments. To this end, we require that every member of the Service agree not to digitize, post, upload, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of content:

a. Contentor media that is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.

b. Copyrighted material that is used without the expressed written permission of the owner.

c. Content or media that violates or encroaches on the rights of others.

d. Content, media, or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Service.

e. Content or media that contains overt and excessive solicitations or advertisements.

f. Content or media that contains private information about any other individual such as phone numbers, addresses, Social Security numbers or any other private information

g. Content o media that advocates illegal activity.

h. Content or media that harms minors in any way.

i. Content or media that represents duplicative posting or "spamming".

j. Any web links to the above.

Panraven has the sole discretion to determine what constitutes Prohibited Content, and any content or media submitted to the Service may be subject to examination from time to time. You acknowledge that although Panraven does not and will not examine and review all content and media submitted or transmitted to the Service, Panraven has the absolute right (but not the obligation) to review, delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all content and media (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any content and media that you submit.

You understand that by viewing the Site, you may be exposed to content and media that you consider to be offensive and you take sole responsibility for such exposure. Furthermore, you acknowledge that Panraven in no way guarantees the accuracy, ownership quality or appropriateness of content and media available on the Site. Finally, you acknowledge that Panraven (including its officers, directors, employees, affiliates and agents) in no way can be held liable or accountable for any loss of data, media or content. In no event shall Panraven (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content and media made available on or through the Service, including (without limitation) errors or omissions and loss or damages incurred as a result of its use.

IV. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes.

V. Third Party Software

As a convenience to our members, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.

By downloading third party software, you acknowledge and agree that Panraven does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Panraven makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall Panraven (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

VI. Privacy Policy

We have the utmost respect your privacy and have taken specific steps to protect it. For more information, view Panraven’s Privacy Policy.

VII. Copyright.

What You License to Panraven

When you register for our Service, you become a participant in an online community of people who enjoy creating and sharing their collections of digital content and media. In order for us to make your content and media available to you and people with whom you choose to share, as well as to offer you access to other content and media available through the Service, we need the rights to make use of all content and media on the Service (in accordance with and subject to these Terms). Accordingly, as a condition to your usage, you hereby grant Panraven a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content or media transmitted or provided to the Service by you, solely for the purpose of providing the Service. In no event shall Panraven print or display any content or media provided by you, other than in accordance with an activity initiated by you (e.g. photo sharing, printing, etc.), unless you have granted us explicit permission to do so. You remain the owner of all content and media that you submit to the Service, and as a condition to usage, you represent and warrant to Panraven that you are the copyright owner of all content and media you submit to the Service or that you have expressed, written permission from the copyright owner to do so.

All the information, content, media, image files, software and materials offered by our Service are protected by U.S. and international copyright laws and by other applicable laws. You understand that Panraven is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Panraven has the absolute right to terminate your Panraven usage or exclude you from the Service if you violate the intellectual property rights of third parties while using the Service.

However, Panraven automatically grants you a limited, non-exclusive license to use, modify and share any media in the “public media” library (whether contributed by Panraven or the community) or your own “friends’ media” library. Similarly, if you decide to share any of your media with other members, you are explicitly granting those members and Panraven the same unlimited rights to use, modify, and share that media.

If you have evidence that your work or the work of another has been copied in a way that constitutes copyright infringement, Panraven has an established process to respond to your concerns. For general guidelines on how to avoid copyright infringement, view Panraven’s Community Guidelines. To report abuse and file a claim, view Panraven’s Copyright and Intellectual Property Policy.

VIII. Sales Tax.

Panraven shall automatically charge applicable sales tax for orders delivered to addresses within the state of Massachusetts. For international shipments, Panraven may also collect import taxes and other local taxes as required by the destination country.

IX. Indemnification.

It is your responsibility to ascertain whether any copyright or other licenses for use of content and media are necessary and to obtain any such licenses. You agree to copy, distribute, display, and modify only those materials which you have authorized permission to use.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PANRAVEN, INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.

X. Limited Warranty.

(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN THE EVENT THAT YOUR PRINTED ORDER(S) ARE DAMAGED, OR ARE OF UNACCEPTABLE QUALITY, PANRAVEN'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR PANRAVEN TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTED ORDERS, OR (II) REPRINT THESE ORDERS.

(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PANRAVEN AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

PANRAVEN MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE, SOFTWARE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS.

PANRAVEN MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH PANRAVEN'S SITE OR THAT ARE ADVERTISED ON PANRAVEN'S SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

PANRAVEN IS NOT RESPONSIBLE OR LIABLE FOR ANY INACCURACIES IN PRICE, PRODUCT REPRESENTATIONS, OR DELIVERY TERMS.

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

XI. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL PANRAVEN, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PANRAVEN SERVICE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, PANRAVEN WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE, MISUSE OF AND RELIANCE ON THE PANRAVEN SITE OR SERVICE, FROM INABILITY TO USE PANRAVEN SITE OR SERVICE, FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PANRAVEN SITE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), FROM THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, FROM THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR FROM ANY OTHER MATTER RELATING TO THE SERVICE.

SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

XII. Further Limitation of Liability.

It is your responsibility to ensure that you obtain all consents, authorizations and clearances to use any information, image, photograph, video or audio recording owned or controlled by third parties that you transmit, access, use or communicate to others using the Panraven Service. Panraven will not be liable in any way (a) for any errors or omissions in data, content or media, or for any loss or damage of any kind incurred as a result of any data transmitted, used and modified via the Panraven Service; (b) if you are exposed to content, media or data that are offensive, indecent or objectionable; or (c) for any violations of copyright or other proprietary rights as a result of your use of the Panraven Service.

XIII. Termination.

You agree and acknowledge that Panraven, in its sole discretion, may terminate your use of the Service and remove and discard any content and media including, but not limited to, any and all information; communications; postings; stories; photos; image, video and audio files; or any other content and media within the Service, at any time, without notice, for any reason, including but not limited to:

a. Conduct violating these Terms or other policies or guidelines set forth by Panraven elsewhere on the Site;

b. Conduct that Panraven believes is harmful to other Panraven members, Panraven partners, the business of Panraven, or other third party information providers; and

c. Conduct that violates the letter or spirit of these Terms.

Further, you agree that Panraven shall not be liable to you or any third party for any termination of your access to the Service.

IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CANCEL YOUR PANRAVEN ACCOUNT.

XIV. Choice of Law.

The state and federal courts of Massachusetts shall serve as the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Massachusetts.

These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

XV. Modification of Terms.

You agree that Panraven reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service.

XVI. Entire Agreement.

These Terms constitute the entire agreement between you and Panraven with respect to and governing your use of the Service, superseding any prior agreements between you and Panraven. In the event any additional terms that you may have agreed to in the Panraven software End User License Agreements conflict with or are otherwise different from the these Terms with respect to your use of the Service, these Terms shall prevail. In case of inconsistencies between these Terms and any other information furnished by or about Panraven, these Terms will always take precedent. You may also be subject to additional Terms of Service that apply when you use affiliate services, third-party content or third-party software.

The failure of Panraven to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XVII. Reporting Violations

You can report abuse of these Terms to membersupport@panraven.com.