Terms & Conditions of Use

1. Acceptance
These terms and conditions ("terms and conditions") and the privacy policy (“privacy policy”) shall govern the use by you of this website (“panda.org site” or “panda.org services”) and together shall constitute an agreement between you and wwf-world wide fund for nature (“WWF”) of Gland, Switzerland.

If you do not agree to these terms and conditions and privacy policy,  you must not use this site.

 

2. Organizers
panda.org Services are provided by WWF.

3. panda.org Services
panda.org Services is an Internet based service that allows users to upload, share, and download content for personal computers and mobile devices that access the Internet.

panda.org Site may include links to sites on the Internet that are owned or operated by third parties. If you choose to use such links to access such sites you agree to review and accept their rules of use before using them. You access the third-party sites at your own risk. WWF does not assume any responsibility for material created or published by such third-party sites. By providing a link to a third party site the Organizers do not imply that they endorse the site or the products or services referenced in such third party site.

4. Eligibility
panda.org Services is available for users who are thirteen (13) years of age or older. Notwithstanding the foregoing, if you are deemed as a minor under the legislation of your country, you should review these Terms and Conditions with your parent or legal guardian and obtain their prior approval for registration and/or use of panda.org Site.

5. Access
In order to use certain features of panda.org Services, you need to register. To register for the panda.org Services you need to create a username and password. You agree to provide truthful, accurate and complete information when you are registering to the panda.org Services and you agree to maintain and update any information provided. Any false identification or e-mail address or otherwise misleading information about your identity is strictly forbidden. Use of the panda.org Services by using your username and/or password is assumed by us to be made by you and thus you are personally responsible for such use. You agree to take reasonable measures and all due care to protect your password and username against misuse by third parties. You agree to indemnify WWF against any loss or damage caused as a result of misuse of the panda.org Services by a third party where such misuse was made possible by your failure to take such reasonable measures and due care.

WWF asks that you promptly notify them of any unauthorized use of your username/password or of any other inappropriate use of the panda.org Services.

6. Intellectual Property Rights
Save for all User Content (as defined in section 7 below), the contents on panda.org Services includes, with the explicit exception of photographs, are governed by Creative Commons Attribution- Share Alike 3.0 License. All trade names, trademarks and service marks appearing on the Content are protected by WWF or respective third party owners. Any rights not expressly granted herein are reserved. All Content is for your personal non-commercial use only. WWF permits you to establish a link to materials on the panda.org Site for personal and non-commercial use. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of WWF or the third party owner thereof. You agree not to remove any copyright or other proprietary notices if you download or print Content for your personal and non-commercial use. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content where applicable.

7. Submissions of User Content
panda.org Services allow (or will allow) users to upload, download, host, share and/or publish content including, without limitation, the competition entries, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials ("User Content), excluding personal data other than as provided otherwise in these Terms & Conditions.

You are solely responsible for any submission of User Content and you agree to acquire any consents, permissions or licenses needed as required by these Terms and Conditions. If your User Content contains a link to content of a third party, you shall be responsible for acquiring consent for creating such link prior to making the User Content available if the consent is required by applicable legislation or terms of use of the linked sites. Upon such submission of any User Content to the panda.org Site, for example, in comments, by e-mail, by uploading, linking, SMS, and/or MMS, you will grant WWF perpetual, worldwide, royalty-free, non-exclusive, assignable and sublicensable license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Content and distribute reproduced and modified copies thereof to the extent required for promotional and any other business purposes. This foregoing license shall remain in force as long as your User Content is available at the panda.org Site and for a reasonable period thereafter.

When other users of panda.org Site access or download your User Content, you also grant to such users a perpetual, worldwide, royalty-free and non-exclusive license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Content and distribute reproduced and modified copies of such User Content in their personal and non-commercial use.

By submitting User Content to the panda.org Services you represent and warrant that:

  1. You own the User Content submitted by you to the panda.org Services or otherwise have the right to grant the License set forth in this section. User Content submitted by you does not contain content that is unlawful, defamatory, offensive, abusive, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages to any illegal activity, criminal offence or civil liability;
  2. Your comments and replies are civil and on-topic. That you do not post off-topic, inflammatory, inappropriate, illegal, or offensive comments or articles. That you do not promote commercial or partisan political activity. Comments can be flagged by other users as offensive may be removed.
  3. User Content submitted by you does not contain a virus, Trojan horse, “sniffer” routines, backdoors, “robots”, “spiders”, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;
  4. You will not submit any advertisements or solicitations of business;
  5. User Content submitted by you does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; and
  6. You will not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, “junk mail”, “spam”, pyramid schemes or any other solicitations or communications, including without limitation spamming us or other users of the panda.org Services, or use or collect other users' e-mail addresses or phone numbers, or other users' information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any panda.org Services’ visitor's computer system.

WWF further require you to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the panda.org Site. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your sub-missions of photos or videos to the panda.org Site.

Any User Content which does not comply with the foregoing is strictly prohibited. WWF expressly disclaim any liability arising out of or relating to the User Content.

Written notifications of claimed copyright infringement should be sent to WWF’s designated copyright agent:

Web Manager,
WWF International,
Avenue du Mont Blanc, 1196 Gland, Switzerland;
fax:+41 22 364 0074,
(Designated Agent).

To be effective, the notification must include the following:

  1. A physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. Identification or description of the copyrighted work claimed to have been infringed;
  3. Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
  4. Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For written notifications of any other User Content which is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication please write to the Web Manager, WWF International, Avenue du Mont Blanc, 1196 Gland- Switzerland, stating your full name and address, details of the location of the User Content in question and a detailed explanation why it is inappropriate, offensive or unlawful. Or contact us directly on this site.

The Organizers may remove any User Content that in the sole judgement of WWF violates these Terms and Conditions or which may be offensive, illegal or violate the rights of, or harm or threaten the safety of, any person. WWF assume no responsibility for monitoring the panda.org Services for inappropriate User Content or conduct. If at any time WWF chooses, at their sole discretion, to monitor the panda.org Services, the Organizers nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.

Other users of the panda.org Services respectfully asked for their valuable help in reporting all User Content that is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication to the Designated Agent, as explained above.

8. Comments and other Information
Please be aware that the submission of comments or information through other similar medium will be published in a public forum and subject to many kinds of different users of different age and level of experience and WWF does not assume responsibility for monitoring of the material posted and published. Your use of public forums like comments, message boards and chat rooms is at your own risk and you are solely responsible for all and any actions you take as well as for all and any actions that you take based on information gained on such public forum.

9. Disclaimer of Warranties

This panda.org site, as well as content and user content thereof, are provided by WWF on an “as is” and “as available” basis. The organizers do not warrant that this site will be uninterrupted or error or virus-free. WWF reserves the right to revise the site or withdraw access to it at any time without notice to you. WWF expressly disclaim any express or implied warranties including, without limitation, warranties of title, non-infringement, merchantability, fitness for a particular purpose, availability, accuracy, reliability or content of these pages.

You expressly agree and acknowledge that the use of the panda.org services is at your sole risk and that you are exposed to user content from various sources. WWF assumes no liability or responsibility for any content or information provided by other users of the panda.org services.


 

10. Privacy Policy
Personal information shall be considered as being your name, gender, address, e-mail address, country of residence, and phone number (personal data)

i) submitted by you on or through this panda.org Site and
ii) collected in the course of providing the service is processed in accordance with the panda.org Site’s Privacy Policy.

You acknowledge that the Privacy Policy explains how we track your usage of the service and process your personal data thereto including without limitation the purposes for which personal data is used, the categories of processed personal data, the disclosures of such personal data and the transfers of such personal data, which may take place also to countries outside EU/EEA in the course of the provision of the service. You agree and consent to such processing by accepting these terms and conditions. For further information please review the Privacy Policy.

Please rest assured that above all and at no time will WWF ever share your personal information with anyone else.

11. Fees
The use of the panda.org Services is free of charge. WWF may from time to time launch other services which may be subject to a separate charge and terms.

12. Limitations of Liability
Except for liability for death or personal injury or damages caused by intentional misconduct or gross negligence, the organizers, their affiliates, officers, directors, employees and agents shall not be liable for any direct, indirect, incidental, special, punitive or consequential or other damages, lost profits, business revenue, goodwill, anticipated savings, or data, caused by the use of or inability to use the site and service even if the possibility of such damages has been advised. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. our liability is in such case limited to the greatest extent permitted by law.

panda.org site is hosted and made available from the United States. In the event you access panda.org site from other jurisdictions, you are solely responsible for complying with the local law as it may be applicable.

13. Indemnity
You agree to defend, indemnify and hold harmless the organizers, their affiliates, officers, directors, employees and agents from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of:

i) your breach of these terms and conditions or
privacy policy;
ii) your infringement or violation of any intellectual property, other rights or privacy of a third party.

 

14. Term
These Terms and Conditions are effective as of January 1st, 2008 and are valid until further notice. WWF has the right to change these Terms and Conditions and Privacy Policy from time to time in their sole discretion. Such changes shall become effective upon posting a notification on this site and you agree to be bound to any and all of the changes when you use the panda.org Services. WWF reserves the right, in their sole discretion and with immediate effect, and without any liability, to terminate your membership and your access to all or any part of the panda.org Services without prior notice; without limitation, the Organizers may do so if you submit User Content that is infringing or otherwise in violation of these Terms and Conditions. You may also, at any time, terminate your registration to the panda.org Services. Please note that if you choose to terminate your registration, you will no longer have access to the panda.org Services. In the event of termination, the provisions of these Terms and Conditions and Privacy Policy that are intended to survive such termination shall remain unaffected including, without limitation, Clauses 12 (Limitations of Liability) and 13 (Indemnity).

15. Export Control
panda.org Site is subject to applicable export control laws in the USA and other countries, including, without limitation, regulations administered by the US Department of Commerce's Bureau of Industry and Security and the Department of the Treasury's Office of Foreign Assets Control. You agree to abide by these laws and not to transfer or make available, by electronic transmission or otherwise any content, software, encryption or materials subject to restrictions under such laws to a destination prohibited by such laws.

16. Assignment
The Organizers shall have the right to assign these Terms and Conditions andPrivacy Policy or its rights and obligations hereunder to a third party without your prior written consent, but may not be assigned by you without WWF's prior written consent.

17. General
These Terms and Conditions together with the Privacy Policy and other legal notices submitted by WWF on the panda.org Site constitute the entire agreement between you and the Organizers regarding the use of the panda.org Site. The failure of the Organizers to exercise any right of this agreement shall not be considered as a waiver of such right. If any provision of this agreement is considered unlawful or void, it does not affect the validity and enforceability of other provisions of this agreement. A failure of the Organizers to insist upon the performance of one or more of the terms of these Terms and Conditions and Privacy Policy shall not be deemed to be a waiver of its rights to enforce such terms, or of any rights or remedies WWF may have in subsequent similar situations. It is your responsibility to review the Terms and Conditions and Privacy Policy regularly to ensure that you are up to date as to any changes in the Terms and Conditionsand Privacy Policy. Please contact the Designated Agent (as described in Clause 7) with any questions regarding any of the above documents.

18. Governing Law and Settlement of Disputes
This Agreement shall be governed by the laws of Switzerland without regard to any conflict of laws principles. The Parties shall use reasonable efforts to settle amicably by negotiation any dispute, controversy or claim rising out of, or relating to this Agreement or the breach, termination or invalidity thereof.

Any and all disputes that may arise between the Parties under or in connection with this Agreement, which have not been amicably settled, shall be finally settled in arbitration in accordance with the International Arbitration Rules of the Geneva Chamber of Commerce and Industry. The arbitration shall be conducted in Geneva, Switzerland, in the English language. The award shall be final and binding on the Parties.

19. Order of prevalence
In case of any conflict or inconsistency between these Terms and Conditions and the Privacy Policy, each such document shall prevail over the other(s) in the following order:

  1. Terms and Conditions
  2. Privacy Policy
Yes - this is the usual "get of jail free" card that all websites need to have these days, especially with good people such as yourself posting your content and comments. It's very legal, its very boring, but unfortunately, in this day and age, it has to be here. Sorry about this folks.

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