Terms of Service

Learn more about Pangea Social terms and conditions of service.

Terms of Service

Last Updated: 2025-04-22

These terms of use are entered into by and between you and Pangea Social, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of Pangea Social Community, including any content, functionality, and services offered on or through Pangea Social Community (the "Network") and any other online services provided by us or our legal affiliates, including any content, functionality, and features offered on or through the Network to you as a guest or registered user of the Network (each, a “User”).

Please read the Terms of Use carefully before you start to use the Network. By using the Network or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Network.

You understand that we may change these Terms of Use from time to time in our sole discretion and in accordance with Section [18] below. It is your responsibility to periodically check these Terms of Use so that you are aware of any changes, as they are binding on you.

This Network is offered and available to users who are 18 years of age or older and to users who are 12 years of age or older and possess legal parental or guardian consent to enter into these Terms of Use. In any case, you affirm that you are over the age of 13. By using this Network, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Network.

1. Accessing the Network and Account Security

We reserve the right to withdraw or amend this Network, and any service or material we provide on the Network, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Network is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Network, or the entire Network, to users, including registered users.

The use of our Network requires a username and channel. If you choose, or are provided with, a username, channel, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Network or portions of it using your username, channel password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

To access the Network or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Network that all the information you provide on the Network is correct, current, and complete. You agree that all information you provide to register with this Network or otherwise, including, but not limited to, through the use of any interactive features on the Network, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any username, channel, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use

2. Responsibility of Registered Users

You are responsible for:

  • Keeping your account information (including your access credentials) secret and secure.
  • Making all arrangements necessary for you to have access to the Network.
  • All activity that occurs through your channel or username and all of your activity on the Network and for ensuring that all persons who access the Network through your internet connection are aware of these Terms of Use and comply with them.

You agree and acknowledge that:

  1. You shall not sell, rent, lease, lend, transfer, license or assign your account, credentials, or any account rights.
  2. You are solely responsible for your interaction with other Users of the Network, whether online or offline. You agree that we are not responsible or liable for the conduct of any User. We reserve the right, but has no obligation, to become involved in disputes between you and other Users of the Network.
  3. You shall not describe or assign keywords to your channel in a misleading or unlawful manner, including any manner which trades on the name or reputation of others. We reserve the right to change or remove any description or keyword that we consider unlawful or otherwise likely to cause us liability.
  4. You shall immediately notify us of any unauthorized uses of your username, account, or channel, or of any other breaches of security by emailing help@pangeasocial.com.
  5. If you operate a channel, comment on a post, post material to the Network, post links or create (or allow any third party to create) or otherwise make material available by means of the Network, including any text, photo, video, audio, code or other work of authorship (any such material, “User Content”), you are entirely responsible for the content of, and any liability resulting from or relating to that User Content or your conduct.
  6. By using the Network, you represent and warrant that your User Content and conduct do not and will not violate these Terms of Use (including our Content Policy), infringe the rights of any other person or entity (including intellectual property rights and privacy rights), or violate any applicable law, rule, or regulation.
  7. By submitting User Content to the Network, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, distribute, publish, process and adapt (each, a “Use”) your User Content for the purpose of providing and promoting the Network, without any notice of, consent to or compensation for any such use, unless otherwise licensed by the User, through the Network.
  8. You grant other Users permission to share your User Content on other Network channels and add their own User Content to it (e.g., to “remind” your User Content).
  9. All User Content, that is not otherwise marked by the license owner, is licensed under the All Rights Reserved license.
  10. If you delete User Content, we will use reasonable efforts to remove it from the Network, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
  11. By registering an account and making User Content available, you further represent and warrant that the user content does not violate our Content Policy referenced in Section [15];
  12. Your use of the Network and User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
  13. Any Use by us of any User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
  14. If any other party has rights to intellectual property you incorporate into any User Content, you have either (i) received permission from such other to so incorporate such intellectual property into such User Content, including but not limited to any software, or (ii) secured from such other party a waiver as to all rights in or to such User Content;
  15. You have fully complied with any third-party licenses relating to all User Content and have done all things necessary to grant us the license set forth under Section [2(7)] and to successfully grant to others any relevant rights under any such third-party licenses;
  16. You also give other Network Users permission to share your Content under the legal terms outlined in the license you select, whether Creative Commons, All Rights Reserved, or any other available license.

3. Prohibited Uses

You shall not use or access the Network:

  1. In any way that violates any applicable United States federal, state or local law, rule, or regulation (including, without limitation, any intellectual property laws or privacy laws or laws regarding sanctions, or the export of data or software to and from the United States or other countries);
  2. To post unlawful, infringing, or other content not allowed under these Terms of Use.
  3. To impersonate, attempt to impersonate, or falsely imply that you are associated with the Company, another User, or any other person or entity;
  4. In any manner that could disable, alter, overburden, damage, or impair the Network, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm the Company or Users of the Network or expose them to liability, including but not limited to transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature intended to cause denial of service;
  5. To use, distribute, modify, create derivative works from, or copy the Network or any feature of the Network or any User account or channel (including any User Content) in whole or in part, or decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Network or any feature of the Network, except as may be permitted under any license applicable to the Network;
  6. To create accounts or access data (including User information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper or any such weaponized capability intended as a malware threat to the Company;
  7. To attempt to gain unauthorized access, or permit unauthorized access, to the Network or any feature of the Network (including any User account or channel) or any of our related systems or networks, or bypass any measures we take to restrict access to the Network or related systems or networks;
  8. To substantially replicate products or services offered by the Company in an impersonating manner, including by republishing the Network content or creating a separate publishing platform; or
  9. Without limiting any of the above representations or warranties or obligations, we reserve the right to, in our sole discretion, (i) reject or remove any User Content that, in our reasonable opinion, violates any term or condition of these Terms of Use (or any of our policies) or is in any way unlawful under applicable law (ii) ban and remove any channel that, in our reasonable opinion, violates any term or condition of these Terms of Use (or any of our policies) or is in any way unlawful or (iii) terminate or deny access to and use of the Network to any person or entity whose use is unlawful.
  10. In the event a channel is banned due to the breach of these Terms of Use, and the channel owner no longer has access to the channel, we will not have any obligation to the channel owner or any other third party.

If you encounter a violation of these Terms of Use as you browse the Network, please report the violation by email to help@pangeasocial.com.

4. HTTPS

The Network supports HTTPS and encrypts all sensitive information stored at rest on it; free HTTPS is offered by default. By signing up and using a custom domain or sub-domain on the Network, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site. We reserve the right to require HTTPS before publishing such custom domains. Your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).

A summary of your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found at: https://www.icann.org/resources/pages/benefits-2013-09-16-en. You can learn more about domain name registration generally at: https://www.icann.org/resources/pages/educational-2012-02-25-en

5. Intellectual Property Rights

The Network and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, icons and scripts and other intellectual property, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Network in accordance with these Terms for your personal, non-commercial use only and for lawful purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Network, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Network for your own personal, non- commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Network.
  • Delete, conceal, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Network.
  • Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any content (other than your User Content) on the Network, except as may be permitted by these Terms of Use.

You must not access or use for any commercial purposes any part of the Network or any services or materials available through the Network.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Network in breach of the Terms of Use, your right to use the Network will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Network or any content on the Network is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Network not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. Reporting Copyright Infringement, DMCA Policy and Other Violations

  1. We prohibit Users of our Network from submitting, uploading, posting, or otherwise transmitting any materials that violate another person’s intellectual property rights. To report allegations of infringement, please contact us at help@pangeasocial.com.
  2. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to the Network violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy set forth below. We will respond to all such notices in accordance with applicable law. We will ban or terminate a channel’s access to and use of the Network if, under appropriate circumstances, that channel is determined to be a repeat copyright or intellectual property rights infringer. In the case of such ban or termination, we will have no obligation to provide access to the Network.

7. Monitoring and Enforcement; Ban and Termination

We have the right to:

  • Modify, ban or terminate the Network for any reason, without notice, at any time, and without liability to you;
  • Refuse, terminate, or suspend your access to all or part of the Network for any or no reason, including, without limitation, any violation of these Terms of Use; and
  • Force forfeiture of any username for any reason. Upon any such refusal, termination or suspension of your access to the Network, all licenses and other rights granted to you under these Terms of Use will immediately cease.

8. Linking to the Network

You may link to our Network homepage, provided you do so in a way that is fair and lawful, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which may be withheld for any reason or no reason in our sole discretion. You may use these features solely as they are provided by us, and must not otherwise: (a) establish a link from any website that is not owned by you; (b) cause the Network or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or (c) take any action with respect to the Network that is inconsistent with these Terms of Use.

9. Links on the Network

If the Network contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge that we have no control over the contents of those sites or resources, and accept no responsibility, and we disclaim any liability for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Network, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Advertisements

You acknowledge and agree that the Network may inject advertised content into your newsfeed, including in connection with our agreements with publishers. In addition, you acknowledge and agree that other User channels to which you are subscribed may remind advertised content to your feed. We may provide Users with paid accounts to opt-out of any such advertisements.

11. Services Content

  1. We may update the Network from time to time, but it will not necessarily be complete or up-to-date at any given time. Any of the material on the Network may be out of date at any given time, and we are under no obligation to update such material.
  2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such, except as may be required by applicable law.
  3. Although it is our intention for the Network to be available as much as possible, there will be occasions when the Network’s availability may be interrupted, including, without limitation, for scheduled or unscheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or software or hardware.
  4. We reserve the right to remove any content from the Network that is deemed in violation of these Terms of Use, without prior notice. Content removed from the Network may continue to be stored, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

12. Geographic Restrictions

The Network is based in the United States is accessible for use to persons located all over the world with the exception of those countries that are sanctioned by OFAC (https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Access to the Network may not be legal by certain persons or in certain countries. If you access the Network from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, though these Terms of Use are governed solely by United States law.

13. Payments and Automatic Renewals

We offer optional paid services (including – without limitation – memberships, paid replies, and “boost”) (any such services, an “Upgrade”). Please note that any such Upgrade may be subjected to additional terms and conditions as specified at the time of purchase.

By requesting an Upgrade you agree to pay us the applicable one time, monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-paid basis on the day you sign up for an Upgrade and will cover the use of that service for the time period as indicated at the time of purchase.

Unless you notify us before the beginning of the applicable subscription period that you want to cancel, your subscription or service will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in User settings.

PLEASE NOTE THAT ALL PURCHASES ARE FINAL AND NON-REFUNDABLE.

14. Content Policy

Your use of the Network is subject to the network content policy, as may be amended from time to time and which hereby incorporated by reference and made a part hereof in its entirety (the "Content Policy"). Any User Content must in their entirety comply with the Content Policy and with all applicable federal, state, local, and international laws and regulations.

15. Responsibility of Visitors

We do not review, and cannot review, all of the material, including computer software, posted to our Network, and cannot therefore be responsible for that material’s content, use or effects. We do not represent or imply that we endorse the material there posted, or that we believe 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 Network may contain content posted by others that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, fake news, propaganda, satire, or other errors.

16. Restricted Use

You may not use the Network or any associated API access to impersonate or attempt to impersonate the Company, the Network or any products or services offered by us; to falsely imply that you are associated with the Company and/or the Network, another User, or any other person or entity; or for any other fraudulent or misleading purpose.

Your use of the Network is at all times subject to these Terms of Use and the terms and conditions of the GNU Affero General Public License v3.0 (“AGPL-3.0”). If we have reason to believe that you have violated or attempted to violate these Terms or the AGPL-3.0, your ability to use and access the Network may be temporarily or permanently revoked, with or without notice.

17. Content Review Policy and Third Party Services

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Network links, and that link to the Network. We do not have any control over such other websites and is not responsible for their contents or their use. By linking to any such other website, we do not represent or imply that it endorses such website. 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. We disclaim any responsibility for any harm resulting from your use of such other websites and webpages.

You understand and agree that: (a) we are not responsible for, and do not control, third party services; and that (b) we are not responsible for the availability of such external sites or resources, and do not endorse nor are we responsible or liable for any content, advertising, products or other materials on or available from such third party services. You acknowledge and agree that we 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 the use of, or reliance upon, any such content, goods or services available on or through any such third party services.

18. Changes

We may change or update the Network in whole or in part at any time and we reserve the right to change these Terms of Use at any time. If we make changes to these Terms of Use that are material, we will let you know by sending you an email or other communication. The notice will designate a reasonable period of time after which the changes to these Terms of Use will take effect. If you disagree with our changes, then you should stop using the Network within the designated notice period. Your continued use of the Network indicates your acceptance of such changes, your continued use of the Services will be subject to these Terms of Use, as updated.

19. Privacy Policy; Other Policies

Your access to and use of the Network is at all times subject to our Privacy Policy, which addresses how we collect, use, share, and store your information. Your access to and use of the Network may be subject to one or more other policies adopted from time to time by us.

If we adopt a new policy relating to the Network that is material, we will let you know by sending you an email or other communication before the new policy takes effect. The notice will designate a reasonable period of time after which such new policy will take effect. If you disagree with such new policy, then you should stop using the Network within the designated notice period. Your continued use of the Network indicates your acceptance of such new policy, and your continued use of the Services will be subject to such new policy.

20. Disclaimer of Warranties and Limitation of Liability

  1. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
  2. ANY VIOLATION OF THESE TERMS MAY, IN OUR DISCRETION, RESULT IN TERMINATION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT WE CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE NETWORK AND YOU USE THE NETWORK AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS OF USE, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR THE COMPANY, WE CAN STOP PROVIDING ALL OR PART OF THE NETWORK TO YOU.
  3. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFER THE NETWORK “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE NETWORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPATIBILITY WITH ANY SOFTWARE OR HARDWARE.
  4. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE NETWORK WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE NETWORK.
  5. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
  6. YOUR USE OF THE NETWORK AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE COMPANY PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE NETWORK (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  7. WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CLAIMS OF INFRINGEMENT RELATING TO THE NETWORK, FOR YOUR USE OF THE NETWORK, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE NETWORK OR RELATING TO THE NETWORK. WE DO NOT WARRANT THAT THE USER CONTENT OF ANY OTHER USERS WILL BE MADE AVAILABLE TO YOU AT ALL TIMES OR AT ANY TIME. WE SHALL HAVE NO LIABILITY FOR THE REMOVAL OF ANY USER OR ANY USER CONTENT FROM THE NETWORK (WHETHER BY THE APPLICABLE USER OR ANY OTHER THIRD PARTY). IF YOU BRING OR ATTEMPT TO BRING ANY CLAIM AGAINST THE COMPANY ARISING OUT OF THE REMOVAL OF ANY USER OR USER CONTENT, YOU SHALL BE RESPONSIBLE FOR ALL OF THE COMPANY’S LOSSES IN CONNECTION WITH SUCH CLAIM, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS.
  8. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY AND THE COMPANY PARTIES (JOINTLY), IN ANY ACTION OR CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE NETWORK, THESE TERMS OF USE EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID TO US FOR THE USE OF THE NETWORK WITHIN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM; OR (II) 100 DOLLARS.

21. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS OF USE. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE NETWORK.

22. Dispute Resolution, Arbitration; Jurisdiction

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company (i) waive your and our respective rights to have any and all Disputes arising from or related to these Terms of Use resolved in a court, and (ii) waive your and our respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), to the maximum extent permitted by applicable law. (This includes the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
  2. No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms of Use is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
  3. Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) calendar days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by email to help@pangeasocial.com. Notice to you shall be by email to the then-current email address in your Account. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and the Company cannot agree how to resolve the Dispute within thirty (30) calendar days after the date notice is received by the applicable Party, then either you or the Company may, as appropriate and in accordance with these Terms of Use, commence an arbitration proceeding or, to the extent specifically provided for in these Terms of Use, file a claim in court.
  4. Process. Any arbitration will occur in the State of Washington, DC.. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference. The state and federal courts located in the State of Washington, DC. will have exclusive jurisdiction over (i) any appeals and the enforcement of an arbitration award, or (ii) any claim filed in court where permitted in these Terms of Use.
  5. Authority of Arbitrator. As limited by the FAA, these Terms of Use and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
  6. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms of Use, you (i) acknowledge and agree that you have read and understand the rules of JAMS, or (ii) waive any claim that the rules of JAMS are unfair or should not apply for any reason.
  7. Injunctions and Court Proceedings. With respect to any action or proceeding for which courts are an expressly permitted method of adjudication hereunder (set forth below), the exclusive jurisdiction and venue for all such actions or proceedings arising out of, or related to, these Terms of Use will be in an appropriate state or federal court located in the State of Washington, DC. (the “Designated Courts”), and the Parties hereby irrevocably consent to the personal and subject matter jurisdiction of such court, waive any claim that such courts do not constitute a convenient and appropriate venue for such actions or proceedings, and waive the right to a trial by jury. Each Party consents to service of process upon itself by means of any of the methods for delivery of notice that are specified in these Terms of Use. To the extent that arbitration pursuant to the Terms of Use of this section is not permitted under applicable law, a Party may seek resolution of any dispute in the Designated Courts. To the extent the Parties mutually agree to forego arbitration for a dispute, the Parties shall seek resolution of such dispute in the Designated Courts. Permitted appeals and/or enforcement of an arbitration award shall take place in the Designated Courts. Certain breaches of these Terms of Use by a User may, by its gravity or nature, cause immediate and irreparable injury to the Company that cannot be adequately compensated for in damages, including, without limitation, infringement of the Company’s intellectual property rights. Accordingly, notwithstanding anything to the contrary in these Terms of Use, in the event of any such breach and in addition to all other remedies available herein, the Company may seek solely injunctive relief from the Designated Courts without posting a bond or other security.

23. Governing Law

These Terms of Use will be governed by and construed and enforced in accordance with the laws of the State of Washington, DC., without regard to conflict of law rules or principles (whether of the State of Washington, DC. or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

24. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

25. Notice

  1. To you: We may provide any notice to you under these Terms of Use by: (i) posting a notice on our Network; or (ii) sending an email to the email address then associated with your account. Notices we provide by posting on our Network will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive or read the email.
  2. To us: To give us notice under these Terms of Use, you must contact us by email at help@pangeasocial.com. We may update this email address for notices to us by posting a notice on our website or sending an email to you. Notices to us will be effective when received by us.
  3. Language: All communications and notices to be made or given pursuant to these Terms of Use must be in the English language.

26. Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and the Company regarding the Network and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Company.

27. Force Majeure

The Company and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms of Use where the delay or failure results from any cause beyond our reasonable control, including (without limitation) acts of God, labor disputes, or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, pandemic or epidemic, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, or any other force, event or condition outside of our control.

28. Creative Commons Sharealike License

We’ve adapted these Terms of Use from Wordpress’ terms of service. These Terms of Use are consequently available under a Creative Commons Sharealike license, which means that you’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your own terms of service reflect your actual practices.

29. Your Comments and Concerns

Please direct questions or concerns regarding these Terms of Use or the Network to us at help@pangeasocial.com.

DMCA policy

We do not condone nor authorize activities that infringe copyright or intellectual property rights. We will remove any infringing content if properly notified that such content infringes on another’s copyrights. A copyright owner or an agent thereof may notify us of any copyright infringement on the Network by submitting a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on the Network;
  4. Identification of the URL or other specific location where the material that you claim is infringing is located;
  5. Your address, telephone number, and email address;
  6. 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
  7. 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.

You can contact our designated copyright agent via email at help@pangeasocial.com.

We reserve the right to terminate the account of any user that it determines is a “repeat infringer”. A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had content repeatedly removed.



Join our Community

We invite everyone to join our community.

Please see Community Guidelines, Privacy Policy & Terms of Service for community and users.