The terms "we", "us", and "our" refers to Social Panda. The term the "Site" refers to http://social-panda.com/. The term "user," "you" and "your" refers to site visitors, customers and any other users of the site. The term the "Service" refers to the services and/or products provided by Social Panda via http://social-panda.com/. The term the "Content" refers to information provided on the Site in any form, including graphics, artwork, photos, videos, audios, text, code, software or other material. The term "Submissions" refers to any graphics, artwork, photos, videos, audios, text, code, software or other material provided by you to Social Panda via our Site, Service, or company email or regular mail.
By accessing this bot for Messenger, you are agreeing to be bound by these bot Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this bot. The materials contained in this bot for Messenger are protected by applicable copyright and trade mark law.
The materials on MSGHero's pages, chats are provided "as is". MSGHero makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MSGHero does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its pages or chats or otherwise relating to such materials or on any sites linked to this bot.
If you wish to cancel your billing agreement at any time, you may contact us (Social Panda) directly (http://social-panda.com/support/) or you may need to contact PayPal or any other third party company responsible for management of your billing agreement. By doing so You may also find billing information about your membership or make any updates required to your payment method. If you are needing to cancel MSGHero specifically, you can do so by removing your respective payment details in the dashboard of the software billing area.
In no event shall MSGHero or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MSGHero's pages, chats, even if MSGHero or a MSGHero authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on MSGHero's pages, chats could include technical, typographical, or photographic errors. MSGHero does not warrant that any of the materials on its pages or chats are accurate, complete, or current. MSGHero may make changes to the materials contained on its pages or chats at any time without notice. MSGHero does not, however, make any commitment to update the materials.
MSGHero has not reviewed all of the sites linked to its pages or chats and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MSGHero of the site. Use of any such linked pages or chats is at the user's own risk.
Any claim relating to MSGHero's pages, chats shall be governed by the laws of the United States without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a pages or chats.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Social Panda will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
The Site and the Service may contain links to third party websites and resources. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with Social Panda. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Links to external websites may expire over time, a situation which we do not control. We do review our Site periodically for broken and out-of-date links, and we have the right to alter, remove or post links at any time. If you would like to report problems with links on our Site, please send an email to firstname.lastname@example.org.
Social Panda prohibits the uploading, posting or otherwise making available on the Site any artwork, photos, videos, audios, text or other submission of material (collectively "Submissions") protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Site, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.
We claim no intellectual property rights over your Submissions to Social Panda. You retain copyright and any other rights you may rightfully hold in any Submissions which you submit through the Site or Service or via company email or postal mail. Submissions to Social Panda remain yours to the extent that you have any legal claims therein. You agree to hold Social Panda harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting Submissions on the Site or through the Service or submitting testimonials and other information to our email or postal address, you grant us a world wide, nonexclusive, royalty-free, perpetual, irrevocable license to use the Submissions for promotional, business development and marketing purposes.
The Site and Service contain intellectual property owned by Social Panda, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the http://social-panda.com/ name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the "look and feel." The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.
Unless otherwise expressly stated, you should assume that all references to products and services on >http://social-panda.com/ are made because material connections exist between Social Panda and the vendor of the mentioned products and services ("Vendor").
Social Panda recommends products and services on http://social-panda.com/ based in part on a good faith belief that the purchase of such products or services will help our users. Social Panda has this good faith belief because
Social Panda's opinion about a product or service may be partially formed, whether knowingly or unknowingly, in part based on the fact that Social Panda has been compensated or will be compensated because of Social Panda's business relationships with the Vendor.
The type of compensation Social Panda receives may vary. In some situations, Social Panda may receive complimentary products, services, or money from a Vendor prior to mentioning the Vendor's products or services on http://social-panda.com/.
In other instances, Social Panda may receive a monetary commission or nonmonetary compensation when you take action based on the content of http://social-panda.com/. This includes, but is not limited to, when you purchase a product or service from a Vendor after clicking on an affiliate link on http://social-panda.com/.
In some cases, Social Panda and a Vendor will have a business or personal relationship that does not involve the Social Pandareceiving compensation related to products and services mentioned on http://social-panda.com/. However, the nature of the relationship could be seen as sufficient to establish a material connection between the Social Panda and the Vendor.
Because there may be a material connection between Social Panda and Vendors of products or services mentioned on http://social-panda.com/, you should always assume that Social Panda may be biased because of Social Panda's relationship with a Vendor and/or because Social Panda has received or will receive something of value from a Vendor. Therefore, it is in your own best interest for you to perform your own due diligence before purchasing a product or service mentioned on http://social-panda.com/ (or any other website).
MATERIALS CONTAINED ON THIS SITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS SITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS SITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS SITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
THE INFORMATION ON OUR SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. INFORMATION ON OUR SITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL Social Panda BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR SERVICE, YOUR SITE USE, OR THE SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, Social Panda IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH
WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR SITE WILL BE CORRECTED.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL Social Panda'S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
These Terms and Conditions of Use constitute the entire agreement between you and Social Panda pertaining to the Site and Service and supersedes any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Social Panda shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Social Panda.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Western Cape as applied to contracts that are executed and performed entirely in Western Cape. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be County, Western Cape. Any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in County, Western Cape, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties' successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.