All non-enterprise users of the CabinPanda Services ("Services") are subject to these Terms of Service ("Terms"). If you are a business user, your use of the Services is governed by the Services Agreement between you and CabinPanda, not these Terms.The Terms within this document govern the use of the Services provided by CabinPanda Inc. (referred to as "CabinPanda" or "Company" in these Terms) on the website https://www.cabinpanda.com (the "Site"). You acknowledge that you have read, understood, and accepted to be bound by these Terms by using the Services. You are not permitted to use the CabinPanda Services if you do not agree to these Terms.“You” and “Customer,” as used in these Terms, relate to you as our customer personally, as well as the organization or other entity that is or will be using our non-enterprise services. CabinPanda is referred to as "we" and "our."
With the exception of our free version of the CabinPanda Services, your ability to use the Services is contingent on timely payment of the appropriate fees. You agree to only use the Services in accordance with these Terms.You acknowledge and agree that you are solely responsible for your use of the Services.Your log-in information/credentials may not be shared with any other person or entity.
You undertake to use the Services in a manner that complies with all applicable laws and regulations, and that you will not violate any law, legal right or protection, regulation, legal prohibition, privacy right, or intellectual property right.You and your agents hereby forever free CabinPanda from any and all liability for any and all wrongdoings or violations you may do while using the Services.You assume entire responsibility for and ownership of the Data that is posted to your account, as between CabinPanda and you. Information and data submitted by third parties on/in forms used by you as part of the Services, of whatever nature, including but not limited to text, characters, numbers, visual content, audio content, software, music, sound, photographs, graphics, messages, tags, and the like, is referred to as “Data” in these Terms. For the purposes of these Terms, neither your personal data nor your sensitive information is considered "Data.If you breach any term of this section 2, you agree that we have the right to immediately suspend your use of the Services without prior warning and without any obligation or reimbursement of money you have paid us.
Unless we've granted you express written permission, you may not use automated techniques to access the CabinPanda Services, such as using robots or other computer programs to call the Services.To complete the signup process and create a login, each user must supply a valid email address and any other information needed. You can only have as many separate logins as your current CabinPanda plan allows. It is totally forbidden to share your CabinPanda account login details. You are responsible for keeping each User's account, username, and password secure, as well as ensuring that each User linked with your CabinPanda account follows these Terms.CabinPanda is not responsible for any loss or damage incurred as a result of your (or your Users') failure to adhere to these Terms. Whether or whether the Data was uploaded by you, you are fully liable for it.
CabinPanda makes no claim to any information, data, text, software, music, sound, pictures, images, video, messages, tags, or other materials you use, gather, submit, or make available to others via the CabinPanda Services (“Forms and Submissions”). You hold all rights to your Forms and Submissions, according to CabinPanda. You grant CabinPanda a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed when you make a Form, Submissions page, or Report “public.” Only with your permission will your submissions and reports be made public. You acknowledge that you are solely liable for all of your Forms and User Submissions because CabinPanda does not pre-screen forms or submissions.
You hereby grant us permission to access, use, and display Data for the purpose of providing the Services to you, to protect the Data, and to protect our online or computer resources from unlawful cyberattacks.
Without our prior written permission, you may not use or display the other party's CabinPanda trademark or logo. This clause will remain in effect even if this Agreement is terminated or expires.
You will be able to use the Services for the amount of time you have paid us the applicable fees to utilize the Services. If you materially breach any aspect of this Agreement, you agree that we may immediately cancel this Agreement.
Mutual warranty: Every party warrants to the other that it has the legal right and ability to enter into this Agreement, and that the person signing on its behalf has the authority to bind that party to its provisions.Disclaimer of Implied Warranties: THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CabinPanda DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
You undertake to defend CabinPanda against claims or proceedings alleging that Data, or our transmission or hosting of it, infringes or violates a third party's rights or breaches data privacy or protection laws, and you agree to compensate CabinPanda against damages and expenses.
Limitation on Damages: EXCEPT FOR YOUR OBLIGATION TO PAY FEES, CabinPanda'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL IN NO EVENT EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING.Disclaimer of Consequential Damages: EITHER PARTY SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR LOST REVENUE, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, EXCEPT AS MAY BE PROHIBITED BY LA.Scope of Limitations on Liability: THE LIMITATIONS IN THIS SECTION 9 SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BASED.Copyright Infringement: Others' intellectual property rights are respected by CabinPanda. As a result, CabinPanda has a policy of disabling access to any Submission that violates copyright law, suspending access to the CabinPanda Services for any user who violates copyright law, and/or terminating the account of any user who uses the CabinPanda Services in violation of copyright law in appropriate circumstances.
Service modifications: CabinPanda maintains the right to change the Services at any time, with or without warning. CabinPanda will not be liable to you or any third party as a result of any such changes. Email communications: You agree to receive occasional administrative, announcements, newsletters, sales, and marketing communications from CabinPanda by providing your email address. Resale of services is prohibited: You agree not to replicate, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services for any commercial reasons.Delivery of emails: When a third party submits one of your forms, you will automatically receive an email message with the submissions. We make every effort to ensure that emails are delivered successfully, but we cannot guarantee that your email notifications will be delivered successfully.Availability of forms: CabinPanda provides no guarantee that the forms made available through the Services will be available at all times or that they will be error-free. The ‘User’ will be solely responsible for damage or errors on a form.