Pandanda - Terms of Use

Terms of Use Agreement

Welcome to pandanda.com. This website is owned and operated by Sunleaf Studios, LLC. If you have any questions or concerns relating to this website please contact our customer service department at websupport@pandanda.com.

This website provides a fun, safe place for kids to create and care for their own virtual Red Panda, play games together and socialize. We hope you will visit our website often and enjoy your time there. The following are the “Terms of Use” that set forth the rules that govern the use of our website.

By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you will not be able to create an account and sign in to the game portion of the site. The term “us” or “we” or “our” refers to Sunleaf Studios, LLC, the owner of the web site. The term “you” refers to the user or viewer of our web Site.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site" or “Pandanda”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Pandanda, the content, products or services provided by or through Pandanda, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on Pandanda.com, and you should review this Agreement prior to using Pandanda.

2. Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to Pandanda are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of Pandanda, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Pandanda. The posting of information or materials on Pandanda does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

3. Service Marks.

"Pandanda.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on Pandanda may be trademarks of their respective owners.

4. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use Pandanda strictly in accordance with this Agreement; (b) to use Pandanda solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from Pandanda solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of Pandanda or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

5. Restrictions and Prohibitions on Use.

Your license for access and use of Pandanda and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use Pandanda or any materials obtained from Pandanda to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from Pandanda; (d) use any Content and Materials from Pandanda in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in Pandanda; (f) make any portion of Pandanda available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine Pandanda architecture; (h) use any automatic or manual process to harvest information from Pandanda; (i) use Pandanda for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use Pandanda in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export Pandanda or any portion thereof, or any software available on or through Pandanda, in violation of the export control laws or regulations of the United States.

6. Linking to Pandanda.

You may provide links to Pandanda, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on Pandanda, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to Pandanda immediately upon request by us.

7. Security of Your Account

IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.

We will use your username and password to identify you when you login to Pandanda. If you forget your password or username we will use the email address you provided us when you registered on our Site. We recommend that you print a copy of your account details when you create your account and store it offline in a safe place should you need to refer to it later.

You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (a) immediately notify Pandanda of any unauthorized use of Your Account or any other breach of security, and (b) ensure that you exit from Your Account at the end of each session. Pandanda will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password or be issued a new password occasionally.

We have taken every reasonable precaution to guard against unauthorized access, use, and/or disclosure of your personally identifiable information. The information stored on our servers as well as transmissions made on or through the Internet can still be vulnerable to attack, therefore we cannot guarantee the absolute security of your information. Also, submissions made to us through email are not encrypted thus making them vulnerable to interception during transmission. All responsibility or liability for any damages due to negligent acts resulting in the unauthorized disclosure of your personal information is disclaimed.

8. Registration.

When registering for a free account you agree to provide us with a valid email address. As a safety precaution it is highly recommended that you do NOT use your child’s real name as your virtual Red Panda’s name.

When you register for a paid Elite Membership to Pandanda your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

9. Payments.

You represent and warrant that if you are purchasing something from us or subscribing to any of our services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

10. Errors, Corrections and Changes.

We do not represent or warrant that Pandanda will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through Pandanda will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of Pandanda at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on Pandanda.

11. Third Party Content.

Third party content may appear on Pandanda or may be accessible via links from Pandanda. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

12. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

13. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of Pandanda.

14. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH PANDANDA ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. PANDANDA AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

15. Limitation of Liability

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from Pandanda or any services or products obtainable there from, (b) the unavailability or interruption of Pandanda or any features thereof, (c) your use of Pandanda, (d) the content contained on Pandanda, or (e) any delay or failure in performance beyond the control of a Covered Party.

(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO PANDANDA AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

16. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Pandanda uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

17. Rules of Conduct.

Submissions to Pandanda must follow these Rules of Conduct:

1) All submissions must respect copyright, patent, trademark, trade secret and all confidentiality agreements or obligations to third parties.

2) All submissions must respect others right to privacy which means you are not allowed to submit anything that would invade another’s privacy by the submission of their personal information without their consent.

3) You are not allowed to submit any content that is intended to harm another person or entity. This means content that is racially offensive, bigoted, obscene, vulgar, violent, pornographic, sexually explicit, harassing, or threatening is prohibited.

4) No submission can be an advertisement for any product or service commercial or otherwise, regardless of whether it is for profit or not for profit. Solicitations or requests for contributions or donations are also prohibited.

5) No submission is allowed to contain a virus or other harmful element. Anything that would attempt to tamper with or damage the Pandanda website or any connected network is strictly prohibited. Any attempt to disrupt the enjoyment of Pandanda for others by the use of “flooding”, “spamming “, “griefing” or “trolling” (as these terms are commonly understood on the internet) is not allowed.

6) No submission can include anything illegal or encourage illegal behavior or even discuss illegal behavior. This especially includes any submission that would attempt to engage in stalking, sexual assault, child pornography, fraud, trafficking in stolen or obscene material, drug abuse, drug dealing or theft.

We cannot guarantee that all other users are faithfully complying with these Rules of Conduct or these terms of use therefore all responsibility or liability for any damages due to non-compliance by others is disclaimed.

18. Suspension or Termination of Account

Pandanda reserves the right to suspend any Account that has been inactive for six (6) months or more. If an account has lapsed due to inactivity, Pandanda reserves the right to purge inactive accounts to free up user names to new players. You may reactivate your account if it was suspended for inactivity, as long as Pandanda has your records on file. Reactivation may take up to 24 hours.

In addition, Pandanda may terminate or suspend your Account and/or access to all of part of this Site and/or any products or services available through Pandanda in the event (a) this User Agreement has been breached after a reasonable investigation or that your conduct violates applicable law or is otherwise harmful to the interests of Pandanda or other third parties, or (b) Pandanda ceases operations.

19. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

20. Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

21. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.

22. Links to other Web Sites.

Pandanda may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on Pandanda does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

23. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on Pandanda;

d. Your address, telephone number, and email address;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on Pandanda can be reached by directing an e-mail to the Copyright Agent at websupport@pandanda.com.

24. Information and Press Releases.

Pandanda contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

25. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Pandanda and the Content and Materials provided therein.

26. Refund and Return Policy.

Pandanda memberships are non-refundable.

27. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Redmond, Washington, USA and shall be governed by and construed in accordance with the laws of the State of Washington (without regard to conflict of law principles). Any cause of action by you with respect to Pandanda (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Pandanda is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

28. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Redmond, Washington and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Redmond, Washington necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.