At Pangea Foundation, Inc., your online experience
and right to privacy are of paramount importance
to us. We want you to feel completely comfortable
and secure using our services. Pangea Foundation
is dedicated to maintaining the trust and confidence
of our customers and the visitors to our Web site.
BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT
WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE
WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS
WEB SITE.
Copyright Notice
Copyright © 1996-2008 Pangea Foundation, Inc.
(“Pangea”). All rights reserved. Various trademarks held by their respective owners. Permission
to use all documents and related graphics and any
other material, logos, trademarks, or service marks
from this World Wide Web site is subject to these
Terms and Conditions.
ACCEPTANCE
OF TERMS
Welcome to pangeafoundation.org. Pangea provides
services available through this Web site to you,
subject to the following Terms of Use (“TOU”),
which may be updated by us from time to time without
notice to you. In addition, when using particular
services available through pangeafoundation.org,
you and Pangea will be subject to any posted guidelines
or rules applicable to such services, which may
be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into
the TOU. You are responsible for regularly reviewing
these terms and conditions. The most current version
of the TOU can be reviewed by clicking on the “Terms
of Use” hypertext link located at the bottom
of the home page of this Web site.
DESCRIPTION OF SERVICE
Pangea provides you with access to a rich collection
of online resources through the pangeafoundation.org
Web site (each a “Service” and collectively “Services”).
Unless explicitly stated otherwise, any updates,
enhancements, or new features that augment the
current Service will be subject to the TOU. You
understand and agree that the Service is provided “AS
IS” and that Pangea assumes no responsibility
for the timeliness, deletion, mis-delivery, or
failure to store any user communications or personalization
settings.
In order to use the Service, you must obtain access
to the World Wide Web, either directly or through
devices that access Web-based Content, and pay any
service fees associated with such access. In addition,
you must provide all equipment necessary to make
such connection to the World Wide Web, including
a computer and modem or other access device.
PERSONAL AND NON-COMMERCIAL
USE LIMITATION
Unless otherwise specified, the Service is for your
personal and non-commercial use. You agree not
to duplicate, modify, copy, distribute, transmit,
display, perform, reproduce, publish, license,
create derivative works from, transfer, sell, resell,
or exploit for any commercial purposes any portion
of any information, software, products, use of
the Service, access to the Service, or any service
whatsoever obtained from the Service.
YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of the Service, if you
submit registration information to us you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by Service
registration forms (such information being the “Registration
Data”) and (b) maintain and promptly update
the Registration Data to keep it true, accurate,
current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or Pangea has reasonable grounds to suspect that
such information is untrue, inaccurate, not current
or incomplete, Pangea has the right to suspend
or terminate your account and refuse any and all
current or future use of the Service, or any portion
thereof.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See Privacy Statement disclosures relating to the
collection and use of your information. The Privacy
Statement can be viewed by clicking on the “Privacy
Statement” hypertext link located at the
bottom of the home page of this Web site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
If any of the Services require you to register to
open an account, you may receive a password and
account designation upon completing the Service’s
registration process. You are entirely responsible
for maintaining the confidentiality of the password
and account, and are fully responsible for all
activities that occur under both your password
and account. You agree to (a) immediately notify
Pangea of any unauthorized use of your password
or account or any other breach of security, and
(b) ensure that you exit from your account at the
end of each session. Pangea cannot and will not
be liable for any loss or damage arising from your
failure to comply with your own duty to maintain
your own security and privacy. Furthermore, Pangea
cannot and will not be liable for any loss or damage
whatsoever incurred by you or any and all third
parties as a result of someone else using your
password or account, either with or without your
knowledge. However, you could be held liable for
losses incurred by Pangea or another party due
to someone else using your account or password.
You may not use anyone else’s account at
any time, without the expressed permission of the
account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Service, you agree
not to use the Service for any purpose that is
unlawful or prohibited by these terms, conditions,
and notices. You may not use the Service in any
manner that could damage, disable, overburden,
or impair any Pangea Server, or the network(s)
connected to any Pangea server, or interfere with
any other party’s use and enjoyment of any
Service whatsoever. You may not attempt to gain
unauthorized access to any of the Services, other
accounts, computer systems or networks connected
to any Pangea server or to any of the Services,
through hacking, password mining, or any other
means, without limitation. You may not obtain or
attempt to obtain any materials or information
through any means not intentionally made available
through the Service.
USE OF THE SERVICE
The Service may from time to time contain news groups,
communities, forums, calendars, Blogs, bulletin
board services, chat areas, photo albums, file
cabinets, and/or other message or communication
services designed to enable you to communicate
with others (each a “Communication Service” and
collectively “Communication Services”).
You agree to use the Communication Services solely
to post, send and receive messages and material
that are proper and, when applicable, related to
the particular Communication Service. By way of
example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Upload, post, email, or otherwise transmit
any Content that is unlawful, threatening, abusive,
harassing, tortious, defamatory, obscene, libelous,
invasive of another’s property, hateful,
or racially or ethnically inciteful;
- harm minors
in any way;
- impersonate any person or entity, including,
but not limited to, a Pangea official, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge
headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
- upload, post, email or otherwise
transmit any Content that you do not have a right
to transmit under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary, and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, or otherwise make available,
files that contain images, photographs, software
or other material protected by intellectual property
laws, including, by way of example, and not as
limitation, copyright or trademark laws unless
you own or control the rights thereto or have received
all necessary consent to do the same;
- use any material or information, including
images or photographs, which are made available
through the Service in any manner whatsoever that
infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party;
- falsify
or delete any copyright management information,
such as author attributions, legal or other proper
notices or proprietary designations or labels of
the origin or source of software or material contained
in a file that is uploaded;
- download
any file posted by another user of a Communication
Service that you know, or reasonably should know,
cannot be legally reproduced, displayed, performed,
and/or distributed in such manner;
- upload,
post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials,
surveys, contests, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or
any duplicative or other form of solicitation (commercial
or otherwise), except in those areas (such as shopping
rooms) that are designated for such purpose;
- upload,
post, email or otherwise transmit any material
that contains software viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files,
or any other computer code, files or programs that
may interrupt, destroy or limit the functionality
of any computer software, hardware, telecommunications
equipment, or other property of another;
- disrupt
the normal flow of dialogue, cause a screen to “scroll” faster
than other users of the Service are able to type, or
otherwise act in a manner that negatively affects
other users’ ability
to engage in real-time exchanges;
- restrict or inhibit
any other user from using and enjoying the Communication
Services;
- interfere
with or disrupt the Service or servers or network
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Service;
- intentionally or unintentionally violate any
applicable local, state, national or international
law, and any and all regulations having the force
of law;
- upload, post, email or otherwise transmit
any Content whatsoever that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights (“Rights”) of any party;
- use,
download, or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory
of users of the Services or other user or usage
information or any portion thereof;
- defame, abuse, stalk, harass, threaten,
or otherwise violate the legal rights (such as
rights of privacy and publicity) of another; or
- collect
or store personal data about other users or harvest
or otherwise collect information about others,
including email addresses, without their consent.
You acknowledge and agree that Pangea has no obligation
to monitor the Communication Services and you understand
that Pangea does not pre-screen or monitor your or
third party Content, but that Pangea and its designees
will have the right (but not the obligation) in their
sole discretion to refuse or move any Content that
is available via the Service. Without limiting the
foregoing, Pangea and its designees will have the
right to remove any Content that violates the TOU
or is otherwise objectionable at any time, without
notice, for any reason whatsoever. Further, Pangea
reserves the right to terminate your access to any
or all of the Communication Services at any time,
without notice, for any reason whatsoever.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Pangea
or submitted to Pangea and the Service, without limitation.
You acknowledge and agree that Pangea may preserve
Content and may also disclose Content if required
to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary
to (a) comply with legal process; (b) enforce the
TOU; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights,
property, or personal safety of Pangea, it’s
users and the public. Pangea reserves the right at
all times to disclose any information as Pangea deems
necessary to satisfy any applicable law, regulation,
legal process or government request, or to edit,
refuse to post or to remove any information or materials,
in whole or in part, in Pangea’s sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children
in any Communication Service. Pangea does not control
or endorse the Content, messages, or information
found in any Communication Service and, therefore,
Pangea specifically disclaims any liability with
regard to the Communication Services and any actions
resulting from your participation in any Communication
Service. Pangea’s employees, managers, directors
and collaborative partners, and any and all other
contributors and hosts of the Communication Services
are not authorized Pangea spokespersons, and their
views do not necessarily reflect those of Pangea.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering
to such limitations if you download the materials.
You understand that the technical processing and
transmission of the Service, including your Content,
may involve (a) transmission over various networks;
and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THE SERVICE
Any software that is made available to download from
the Service (“Software”) is the copyrighted
work of Pangea and/or its suppliers. Use of the
Software is governed by the terms of the user license
agreement, if any, which accompanies or is included
with the Software (“License Agreement”).
You may not install or use any Software that is
accompanied by or includes a License Agreement,
unless you first agree to the License Agreement
terms.
The Software is made available for download solely
for use by end users according to the License Agreement.
Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, PANGEA HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, title AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, PANGEA MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PANGEA
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY
OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE
OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING
THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICE
OR IN PANGEA SOFTWARE PRODUCTS.
For any Software not accompanied by a license agreement,
Pangea hereby grants to you, the user, a personal,
non-transferable license to use the Software for
viewing and otherwise using this Pangea Web site
in accordance with this TOU, and for no other purpose
provided that you keep intact all copyright and other
proprietary notices.
All Software not accompanied by a license agreement
is also owned by Pangea and/or its suppliers and
is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution
of the Software is expressly prohibited by law, and
may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. You acknowledge that the Software, and
any accompanying documentation and/or technical information,
is subject to applicable export control laws and
regulations of the USA. You agree not to export or
re-export the Software, directly or indirectly, to
any countries that are subject to USA export restrictions.
Any Software which is downloaded from the Service
for or on behalf of the United States of America,
its agencies and/or instrumentalities (“U.S.
Government”), is provided with Restricted Rights.
Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software—Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer
is Pangea Foundation, Inc., 3368 Governor Drive Suite
F#181, San Diego, CA 92122.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE SERVICE
Permission to use Documents (such as white papers,
press releases, datasheets, and FAQs) from the
Service is granted, provided that (1) the below
copyright notice appears in all copies and that
both the copyright notice and a permission notice
from Pangea appear, (2) use of such Documents from
the Services is for informational and non-commercial
or personal use only and will not be copied or
posted on any network computer or broadcast in
any media, and (3) no modifications of any Documents
are made. Accredited educational institutions,
such as K-12, universities, private/public colleges,
and state community colleges, may download and
reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose
is expressly prohibited by law, and may result
in severe civil or criminal penalties. Violators
will be prosecuted to the maximum extent possible.
Documents specified above do not include the design
or layout of the pangeafoundation.org Web site or
any other Pangea owned, operated, licensed, or controlled
site. Elements of the Pangea Web site are protected
by trade dress, trademark, unfair competition, and
other laws and may not be copied or imitated in whole
or in part. No logo, graphic, video, sound, or image
from any Pangea Foundation Web site may be copied
or retransmitted unless expressly permitted by Pangea.
PANGEA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED
IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICE FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND. PANGEA AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
title AND NON-INFRINGEMENT. IN NO EVENT SHALL PANGEA,
AND WHERE APPLICABLE ITS LICENSORS, SUPPLIERS, CO-BRANDERS
OR OTHER INDUSTRY PARTNERS, THIRD PARTY COLLABORATORS,
EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS,
CONTENT PROVIDERS, SERVICE PROVIDERS, ATTORNEYS AND
AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE SERVICE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON
THE SERVICE COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. PANGEA AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
NOTICE REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THE SERVICE
IN NO EVENT SHALL PANGEA, AND WHERE APPLICABLE ITS
LICENSORS, SUPPLIERS, CO-BRANDERS OR OTHER INDUSTRY
PARTNERS, THIRD PARTY COLLABORATORS, EACH SUCH PARTY’S
PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, CONTENT PROVIDERS,
SERVICE PROVIDERS, ATTORNEYS AND AGENTS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICE.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding
the transmission of technical data exported from
the United States or the country in which you reside
and to comply with any other local laws affecting
the transmission or posting of Content or affecting
the privacy of persons.
MATERIALS PROVIDED TO PANGEA AND POSTED ON THE SERVICE
Pangea does not claim ownership of the materials
you provide to the Service (including feedback
and suggestions) or post, upload, input or submit
to any Services or its associated services for
review by the general public, or by the members
of any public or private community, (each a “Submission” and
collectively “Submissions”). However,
by posting, uploading, inputting, providing or
submitting (“Posting”) your Submission
you are granting Pangea, its affiliated organizations
and companies, and necessary sublicensees permission
to use your Submission in connection with the operation
of their Internet services and businesses (including,
without limitation, all Pangea Services), including,
without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat
your Submission; and the right to sublicense such
rights to any supplier of the Service; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to your
use of your Submission, as provided in the TOU. Pangea
is under no obligation to post or use any Submission
you may provide and Pangea may remove any Submission
at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting
a Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission
as described in this TOU including, without limitation,
all the rights necessary for you to provide, post,
upload, input or submit the Submission.
In addition to the warranty and representation set
forth above, by Posting a Submission that contains
images, photographs, pictures, or that are otherwise
graphical in whole or in part (“Images”),
you warrant and represent that (a) you are the copyright
owner of such Images, or that the copyright owner
of such Images has granted you permission to use
such Images or any Content and/or images contained
in such Images consistent with the manner and purpose
of your use and as otherwise permitted by this TOU
and the Service, (b) you have the rights necessary
to grant the licenses and sublicenses described in
this TOU, and (c) that each person depicted in such
Images, if any, has provided consent to the use of
the Images as set forth in this TOU, including, by
way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By
Posting Images, you are granting (a) to all members
of your private community (for each such Image available
to members of such private community), and/or (b)
to the general public (for each such Image available
anywhere in the Service, other than a private community),
permission to use your Images in connection with
the use, as permitted by this TOU, of any of the
Services, (including, by way of example, and not
as a limitation, making prints and gift items which
include such Images), and including, without limitation,
a non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and
reformat your Images without having your name attached
to such Images, and the right to sublicense such
rights to any supplier of the Services. The licenses
granted in the preceding sentences for Images will
terminate at the time you completely remove such
Images from the Service, provided that, such termination
shall not affect any licenses granted in connection
with such Images prior to the time you completely
remove such Images. No compensation will be paid
with respect to your use of your Images.
INDEMNITY
You agree to indemnify and hold Pangea, and where
applicable its licensors, suppliers, co-branders
or other industry partners, third party collaborators,
each such party’s parent organizations, subsidiaries,
affiliates, officers, directors, employees, contractors,
Content providers, service providers, attorneys
and agents harmless from and against any and all
demands, claims, lawsuits, actions at law or equity,
costs, damages, losses, judgments, liabilities
and expenses (including attorney’s fees and
costs) in connection with any judicial, quasi-judicial,
or administrative proceeding, by any client or
third party, whether a person, corporation, or
other legal entity due to or arising out of Content
you submit, post or transmit to the Service, your
use of the Service, your connection to the Service,
your violation of the TOU, or your violation of
any rights of another whatsoever.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge and agree that Pangea may establish
general practices and limits concerning use of
the Service including, without limitation, the
maximum number of days that email messages, message
board postings, Blog entries, or other uploaded
Content will be retained by the Service. You acknowledge
and agree that Pangea has no responsibility or
liability for the deletion or failure to store
any messages and other communications or other
Content maintained or transmitted by the Service.
You acknowledge and agree that Pangea reserves
the right to log off accounts that are inactive
for an extended period of time. You further acknowledge
and agree that Pangea reserves the right to change
these general practices and limits at any time,
in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Pangea reserves the right at any time and from time
to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof)
with or without notice. You agree that Pangea will
not be liable to you or to any third party for
any modification, suspension or discontinuance
of the Service whatsoever.
UNSOLICITED IDEA SUBMISSION POLICY
PANGEA OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS,
OR BOARD MEMBERS DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW MARKETING OR ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS WHATSOEVER.
THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN PANGEA’S
PRODUCTS OR SERVICES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO PANGEA. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO PANGEA OR ANYONE AT PANGEA.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR
UNSOLICITED IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT PANGEA MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
TERMINATION
You acknowledge and agree that Pangea, in its sole
discretion, may terminate your password, account
(or any part thereof) or use of the Service, and
remove and discard any Content within the Service,
for any reason, including, without limitation,
for lack of use or if Pangea believes that you
have violated or acted inconsistently with the
letter or spirit of the TOU. Pangea may also in
its sole discretion and at any time discontinue
providing the Service, or any part thereof, with
or without notice. You acknowledge and agree that
any termination of your access to the Service under
any provision of the TOU may be effected without
prior notice, and you agree that Pangea may immediately
deactivate or delete your account and all related
information and files in your account and/or bar
any further access to such files or the Service.
Further, you agree that Pangea will not be liable
to you or any third-party for any termination of
your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found
on or through the Service, including payment and
delivery of related goods or services, and any
other terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser. You acknowledge and agree
that Pangea will not be responsible or liable for
any loss or damage of any sort incurred as the
result of any such dealings or as the result of
the presence of such advertisers on the Service.
LINKS TO THIRD PARTY SITES
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources
(“Linked Sites”). The Linked Sites
are not under the control of Pangea and Pangea
is not responsible for the contents of any Linked
Site, including without limitation any link contained
in a Linked Site, or any changes or updates to
a Linked Site. Pangea is not responsible for Webcasting
or any other form of transmission received from
any Linked Site. Pangea is providing these links
to you only as a convenience, and the inclusion
of any link does not imply endorsement by Pangea
of the site or any association with its operators.
Because Pangea has no control over such sites and
resources, you acknowledge and agree that Pangea
is not responsible for the availability of such external
sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising,
products, or other materials on or available from
such sites or resources. You further acknowledge
and agree that Pangea will not be responsible or
liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by, or in connection
with use of or reliance on any such Content, goods
or services available on or through any such site
or resource.
PANGEA’S PROPRIETARY
RIGHTS
You acknowledge and agree that the Service contains
proprietary and confidential information that is
protected by applicable intellectual property and
other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or
information presented to you through the Service
or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Pangea
or advertisers, you agree not to (i) license, sublicense,
sell, rent, lease, resell, transfer, assign, distribute
or otherwise commercially exploit or make available
to any third party the Service or the Content,
in any way, in whole or in part; (ii) modify or
make derivative works based upon the Service or
the Content; (iii) create Internet “links” to
the Service or “frame” or “mirror” any
Content on any other server or wireless or Internet-based
device; or (iv) reverse engineer or access the
Service in order to (a) build a competitive product
or service, (b) build a product using similar ideas,
features, functions or graphics of the Service,
or (c) copy any ideas, features, functions or graphics
of the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
PANGEA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER
FOR HARDWARE OR SOFTWARE PROVIDED BY YOU OR A THIRD
PARTY. PANGEA ALSO DISCLAIMS ANY REPRESENTATIONS
OR WARRANTIES RELATING TO THE SUITABILITY OR COMPATIBILITY
OF YOUR EXISTING COMPUTER HARDWARE OR SOFTWARE SYSTEMS
TO ACCOMPLISH YOUR DESIRED PERFORMANCE OBJECTIVES
IN CONNECTION WITH ANY OF THE SERVICES.
PANGEA, ITS LICENSORS, SUPPLIERS, INDUSTRY PARTNERS,
CO-BRANDERS, AND THIRD PARTY COLLABORATORS MAKE NO
REPRESENTATION, WARRANTY, ENDORSEMENT, OR GUARANTEE
TO YOU OR ANYONE AS TO THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY
OR COMPLETENESS OF THE SERVICE OR ANY CONTENT AFFILIATED
WITH THE SERVICE WHATSOEVER AND, AS SUCH, DISCLAIMS
ANY AND ALL RESPONSIBILITY THEREOF.
YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN
INTERNET CONNECTIVITY AND INFRASTRUCTURE THAT COULD
RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL
INFORMATION, AND PROPERTY. PANGEA, ITS LICENSORS,
SUPPLIERS, INDUSTRY PARTNERS, CO-BRANDERS, AND THIRD
PARTY COLLABORATORS DO NOT REPRESENT OR WARRANT THAT
(A) THE USE OF THE SERVICE WILL BE COMPLETELY SECURE,
TIMELY, UNINTERRUPTED, ERROR-FREE, OR OPERATE IN
COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, DATABASE,
OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS, (C) ANY CONTENT OR STORED DATA WILL
BE ACCURATE OR RELIABLE, (D) THE QUALITY, ACCURACY,
RELIABILITY, OR SUITABILITY OF ANY PRODUCTS, CONTENT,
SERVICES, INFORMATION, OPINION, ADVICE, TROUBLESHOOTING
SUGGESTIONS, THE SERVICE, OR ANYTHING WHATSOEVER
RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION
THE NETWORK, THE TRANSMISSION SYSTEM, THE HARDWARE,
OR DEVICES USED TO INTERFACE WITH THE SERVICE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, (F) ERRORS
OR DEFECTS WILL BE CORRECTED, OR (G) THE SERVICE,
THE SERVER(S), THE NETWORK IN GENERAL, OR THE HARDWARE
AND DEVICES THAT MAKE THE SERVICE AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (H) ANY
INFORMATION, OPINION, ADVICE, SUGGESTION, STATEMENTS
MADE, WHETHER WRITTEN OR VERBALLY, RELATED TO ANY
INDUSTRY, TECHNOLOGY, YOU OR YOUR ORGANIZATION, YOUR
RESPONSIBILITIES, BEST PRACTICES, LEGAL, ETHICAL,
AND/OR MORAL STANDARDS OR PRACTICES, ARE ACCURATE,
RELIABLE, OR SUITABLE.
FURTHER, PANGEA DOES NOT ENDORSE AND IS NOT RESPONSIBLE
FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT MADE THROUGH THIS SITE BY ANY
PARTY OTHER THAN PANGEA, (B) ANY CONTENT PROVIDED
ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY
OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED
SITE.
THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY
ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OF
THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR SOLE DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. ALL CONDITIONS, REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, title, SECURITY, ACCURACY,
OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW BY PANGEA, ITS LICENSORS, SUPPLIERS, INDUSTRY
PARTNERS, CO-BRANDERS, AND THIRD PARTY COLLABORATORS.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER
PROTECTION LAW, UNDER NO CIRCUMSTANCES WILL PANGEA
BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE,
OR ANYONE ELSE’S RELIANCE ON INFORMATION, OR
ADVICE OBTAINED FROM PANGEA IN GENERAL, OR THE SERVICE,
WHETHER IT BE RELATED TO OR UNRELATED TO THE SERVICE
OR A LINKED SITE. NOR WILL PANGEA BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY YOUR RELIANCE, OR ANYONE
ELSE’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED
FROM THE SERVICE OR A LINKED SITE. THERE ARE RISKS
ASSOCIATED IN ACCEPTING INFORMATION AS ACCURATE WITHOUT
DOING YOUR OWN RESEARCH. AS SUCH, IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY OPINION, ADVICE, STATEMENT, OR OTHER CONTENT
AVAILABLE THROUGH THE SERVICE, RELATED TO THE SERVICE,
OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE
OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION
OF ANY SPECIFIC OPINION, ADVICE, STATEMENT, PRODUCT,
SERVICE, OR OTHER CONTENT.
Internet Delays
YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT
IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
PANGEA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY
FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability for Use of the Service an/or
Linked Sites
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS
OF SERVICES PUBLISHED VIA THE SERVICE OR A LINKED
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS,
AND PANGEA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR
SUCH INACCURACIES OR ERRORS. PANGEA DOES NOT WARRANT
OR REPRESENT THAT THE CONTENT IN THE SERVICE IS COMPLETE
OR UP-TO-DATE. PANGEA IS UNDER NO OBLIGATION TO UPDATE
ANY CONTENT ON THE SERVICE. PANGEA MAY CHANGE THE
CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. PANGEA
MAY MAKE IMPROVEMENTS OR CHANGES TO THE SERVICE AT
ANY TIME. YOU AGREE THAT PANGEA, ITS AFFILIATES AND
ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL
OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE
OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE SERVICE OR A LINKED SITE, OR
WITH THE DELAY OR INABILITY TO USE THE SERVICE OR
A LINKED SITE, EVEN IF PANGEA IS MADE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY
INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION
OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT,
FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT
PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE
PROVIDER), UNAUTHORIZED ACCESS TO OR ALTERATIONS
OF YOUR INFORMATION OR DATA, THEFT, OPERATOR ERRORS,
STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
PANGEA CANNOT AND DOES NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE.
Limitation of Liability for Services Available Through
the Service
YOU AGREE THAT PANGEA IS A MERE AGENT FOR ANY AND
ALL PROVIDERS OF SERVICES AVAILABLE THROUGH THE SERVICE.
ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH
WITH RESPECT TO THE SERVICES OFFERED THROUGH THE
SERVICE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL
SERVICE PROVIDERS. PANGEA HEREBY DISCLAIMS ANY LIABILITY
UNDER ANY LEGAL THEORY, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT
DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES
PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH
THE SERVICE, INCLUDING WITHOUT LIMITATION LIABILITY
FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT,
DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH
THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER
OR SUPPLIER AND YOU HEREBY EXONERATE PANGEA. UNDER
NO CIRCUMSTANCES WHATSOEVER SHALL PANGEA, OR THE
INDEMNIFIED PARTIES HAVE ANY LIABILITY FOR ANY CLAIM
ARISING FROM OR RELATING TO THIS TOU IN EXCESS OF
THE AMOUNT ACTUALLY PAID BY YOU DIRECTLY TO PANGEA,
IF ANY, IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR
RECEIVED BY PANGEA UNDER ANY INSURANCE POLICY REQUIRED
TO BE MAINTAINED HEREIN. IN NO EVENT SHALL PANGEA
AND OR IT’S RESPECTIVE LICENSORS BE LIABLE
TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY
TYPE OR KIND (INCLUDING BUT NOT LIMITED TO: LOSS
OF DATA, REVENUE, PROFITS, BUSINESS LOSES, LOST OPPORTUNITIES,
ORGANIZATIONAL INTERRUPTION, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, LOSS OF GOODWILL, USE OR
OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY
WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT
LIMITED TO THE USE OR INABILITY TO USE THE SERVICE,
OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE,
ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION,
REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY
FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTIES
LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF, OR ARE
AWARE OF, THE POSSIBILITIES OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
PANGEA WEB SITE, OR WITH ANY OF THE SERVICES, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE PANGEA WEB SITE
AND ANY AND ALL OF THE SERVICES.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT
APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes
to the TOU or other matters by displaying notices
or links to notices to you generally on the Service.
TRADEMARK INFORMATION
Pangea Foundation, The Pangea Foundation logo,
Impact Visualization for Nonprofits, Impact
Visualization On Demand, Nonprofit Visual Intelligence, The Nonprofit Impact
Reporting Specialist, Client-Intimate Service™, The Nonprofit Outcomes
Reporting Specialist, The Power to Impact,
Visualize the Good Live, The Power of Insight—Not
the Power of Software, Turn Outcomes into
Insight, Insight at the Speed of “Live!”,
Welcome to the Nonprofit Web, The New Rhythm
of Nonprofit America, Service Coordinators
Wanted, Sparking Support Movements for Nonprofits,
Sparking Support Movements for Resident Services,
Sparking Support Movements for Mentoring,
Sparking Support Movements for Foster Youth,
Powered by Pangea Foundation, Mentrics, Abilities4Edu,
Abilities4Mentoring, Abilities4FosterYouth,
and other Pangea logos and product and service
names are trademarks of Pangea Foundation,
Inc. (the
“Pangea Marks”). Without Pangea’s
prior permission, you agree not to display or
use in any manner whatsoever, the Pangea Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
All contents of the Pangea Foundation Web site is:
Copyright © 1996—2008 Pangea Foundation,
Inc. and/or its suppliers, 3368 Governor Drive
Suite F#181, San Diego, CA 92122. All rights reserved. Various trademarks held by their respective owners.
Pangea respects the intellectual property of others,
and we ask you to do the same.
GENERAL INFORMATION
Unless otherwise specified in this TOU, this agreement
constitutes the entire agreement between you and
Pangea with respect to use of the Pangea Web site
and it supersedes all prior or contemporaneous
communications and proposals, whether electronic,
oral or written, between you and Pangea with respect
to the use of the Pangea Web site. A printed version
of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form.
You also may be subject to additional terms and
conditions that may apply when you use affiliate
services, third-party content or third-party software.
Pangea resides in San Diego, California, U.S.A.
As such, this TOU and the relationship between you
and Pangea will be governed by the laws of the State
of California without regard to its conflict of law
provisions. If you are a resident of the United States
of America, you hereby consent to the exclusive jurisdiction
and venue of courts in San Diego County, California,
U.S.A. in all disputes arising out of or relating
to the use of the Pangea Web site. If you are not
a resident of the United States of America, you hereby
consent to binding and mandatory arbitration in San
Diego County, California, U.S.A. in all disputes
arising out of or relating to the use of the Pangea
Web site. Use of the Pangea Web site is unauthorized
in any jurisdiction that does not give effect to
all provisions of this TOU, including without limitation
this paragraph.
The failure of Pangea to exercise or enforce any
right or provision of this TOU will not constitute
a waiver of such right or provision. You agree that
no joint venture, partnership, employment, or agency
relationship exists between you and Pangea as a result
of this agreement or use of the Pangea Web site.
If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor
to give effect to the parties’ intentions as
reflected in the provision, and the other provisions
of the TOU remain in full force and effect.
Pangea’s performance of this agreement is
subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Pangea’s
right to comply with governmental, court and law
enforcement requests or requirements relating to
your use of the Pangea Web site or information provided
to or gathered by Pangea with respect to such use.
You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOU
must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The
section titles in the TOU are for convenience only
and have no legal or contractual effect.
VIOLATIONS
Please report any violations to the TOU via our contact
page.
Last modified: 07/01/2007
