Last Updated: October 15, 2019
These Pango Website Terms (“Terms”) apply to your access to and use of Pango websites (“Website”).
Through the Website, Pango provides you with access to various resources about Pango and the products and services provided by Pango. By accessing and using the Website, you accept these Terms.
1. Website Content
You are responsible for all activities that may arise or occur to your system or your network during your visit to this Website.
You may not copy, modify, distribute, redistribute, upload, transmit, display, reproduce, transfer, post, resell, or republish any of the content available on this Website, including, without limitation, text, graphics, logos, images, and media clips (collectively, “Content”) without the prior written consent of Pango. All Content and intellectual property rights in such Content are the sole property of Pango or its licensors.
2. Accurate Information
If you submit information to any forms on the Website, you will provide complete, accurate and current information. You may not impersonate any person or entity, misrepresent your affiliation with a person or entity, or misrepresent the origin of any content you submit to our through the Website.
3. Prohibited Activity
You may not, in connection with using or accessing the Website:
- post, send, or otherwise transmit to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, or otherwise objectionable material of any kind, any material that exploits children, or is invasive of or in breach of another person’s privacy or other rights, or any material that Pango specifies should not be posted or transmitted on the Website;
- tamper, hack, circumvent, modify, or otherwise corrupt or breach Website security or authentication measures;
- upload, or otherwise make available, files that contain images, software, or other material protected by intellectual property laws, including, without limitation, copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
- disrupt the functioning of the Website or otherwise act in a way that interferes with the use of the Website by others;
- violate any applicable laws or regulations; or
- assist or permit any person to engage in any of the activities described above.
4. Links to Third Party Websites
Pango may provide links to third-party websites or resources on the Website. Pango does not control these other websites and resources and is not responsible for their availability, content, or delivery of services. Pango makes no representations whatsoever about such other websites or resources. The inclusion of any link to a website does not imply endorsement by Pango of that website or its entities, products or services. All warranties, conditions, or other terms, express or implied, as to any such linked website, including, without limitation, as to the accuracy, ownership, validity, or legality of any content of a linked website, are hereby excluded. It is your sole responsibility to take any precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses, and other items of a malicious nature.
5. DISCLAIMER AND LIMITATION OF LIABILITY
THE WEBSITE AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. PANGO MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT AND FUNCTIONALITY OF THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU.
IN NO EVENT SHALL PANGO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, REVENUES, OR PROFITS, WHETHER OR NOT PANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE, OR PERFORMANCE OF THE WEBSITE, FAILURE OF THE WEBSITE TO OPERATE, OR ANY CONTENT OR OTHER INFORMATION PROVIDED IN CONNECTION WITH THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE TOTAL LIABILITY OF PANGO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THIS WEBSITE EXCEED TWENTY FIVE DOLLARS. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THESE TERMS.
You indemnify and hold Pango and its affiliates, officers, directors, employees, and agents harmless from any claim or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, or your breach of any law or the rights of a third party. Pango may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify Pango, and you agree to cooperate with Pango's defense of these claims. Pango will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
These Terms are governed by the laws of the State of California, without giving effect to any principles of conflicts of law. These Terms are subject to change by Pango at any time in its sole discretion. Changes to these Terms will be posted on the Website and your continued use of the Website following such changes constitutes your agreement to be bound by such changes.
In these Terms, "Pango” means:
- Pango Inc. (located at 1800 Seaport Blvd, Redwood City, CA 94063) if you reside in the United States
- Pango GmbH (located at Hansmatt 32, 6370 Stans, Switzerland) if you reside outside of the United States.