Terms of Service ("Terms")
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Pandub mobile application (the "Service") operated by Thalea Technologies, Inc. ("us", "we", or "our") whose headquarter is at 501 Silverside Rd PMB #76, Wilmington, DE, USA. (email: email@example.com)
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
When referring to "Pandub" we intend always the property of Thalea Technologies, Inc.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service consists of, together: the Pandub mobile applications (the "App") the Pandub website, available at www.pandub.com
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Disclaimers and Limitations
Your use of the service is on an "as is" and "as available" basis. the service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. we will not be liable to you for the unavailability or failure of the service.
We expressly exclude our liability for any loss or damage arising from the use of the service by any person in contravention of these terms. you understand that pandub, videos and any other content available on the service is provided by users, not us, and we are not responsible or liable to you for this content on the service.
We expressly exclude any liability for any loss or damage that was not reasonably foreseeable by us and which is incurred by you in connection with the service, including loss of profits ; and (b) any loss or damage incurred by you as a result of your breach of these terms. to the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. you acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the service. To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. you acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the service. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Pandub and its licensors. The Service is protected by copyright, trademark, and other laws of both the Italy and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pandub.
You are solely responsible for your use of the Service and any sound recordings ("Sound Recordings"), Pandub, texts, information, messages, videos, audiovisual combinations, and any other content that you create via the Service, whether privately transmitted or made publicly available (together, "User Content" or ‘Content’). You retain ownership of your User Content.
Videos and Pandub that you upload to the Service are made public to other users of the Service. By uploading videos and Pandub, you understand and agree that your Username and Display Name will be made public in relation to each video and that you grant Thalea Technologies, Inc. and our affiliates the right to display and otherwise use your user name in connection with the video.
You understand and agree to comply with all applicable laws in relation to your use of the Service and User Content.
You shall at all times ensure that your User Content does not: contain any content, information or material that infringes the rights of any third party including copyright, trade mark rights, confidential information or rights of privacy; violate any applicable laws; contain any content or material that is offensive, abusive, defamatory, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass, alarm, inconvenience or annoy any person; in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behavior, or encourage activities which could endanger the safety or wellbeing of others; identify any person without their consent, or the consent of their parent or legal guardian if they are under 18 years of age; disclose anyone’s personal contact details or invade their privacy; contain any viruses or other malicious or harmful programs; include any advertising or promotional messages.
Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of the Service: Use the Service or User Content available on the Service other than as expressly permitted by these Terms and the normal functionality of the Service; transmit other people’s personal and/or confidential information, such as credit card numbers, account passwords etc.; use the Service for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms; impersonate or pretend to be anyone else through your use of the Service; use the Service in a way that could damage, disable, overburden, impair or compromise the Service, our systems or security or interfere with other users; use any programme or other means, including but not limited to scripts, spiders and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of the Service or any features or functions of it; copy, modify, decompile or otherwise interfere with any part of the Service; make alterations to, or modifications of, the whole or part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs; hack into, or insert malicious code, including viruses, or harmful data, into, the Service; infringe our intellectual property in relation to your use of the Service.
You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in the distribution or presentation of User Content.
We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
Thalea Technologies, Inc. shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
If we, in our sole discretion, believe that there has been a breach of these Terms, or we have reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Service and its users. We may withdraw your right to use the Service, remove your User Content from the service, take legal proceedings against you (for example, if we have had to pay damages because of your User Content, we will claim to get that amount back) and other action we deem appropriate.
Notice and procedure for making claims of Copyright Infringement
Thalea Technologies, Inc. respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please send the following information to our Copyright Agent identified below: A description of the copyrighted work(s) that you claim has been infringed; A description of where the allegedly infringed material is located on the Service, including any URL; A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Your address, telephone number, email address, or other contact information that is reasonably sufficient for us to contact you; An electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright interest; and A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our designated Copyright Agent to receive such a notice of claimed infringement is:
Thalea Technologies legals. E-mail: firstname.lastname@example.org.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Your name, address, telephone number, and e-mail address;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and if a counter-notice is received by the Copyright Agent, Thalea Technologies, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Thalea Technologies, inc.’s sole discretion.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Thalea Technologies, inc. Thalea Technologies, inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Pandub 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Please note that, deleting the App from a device will not delete your profile and any Video that you have uploaded will remain on the Pandub catalogue. If you wish to delete your profile, please contact us in writing at email@example.com or use the ‘Delete profile’ feature.
Limitation Of Liability
In no event shall Pandub , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Pandub its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Last updated: July 25, 2016