Terms Of Use


©2018 PANDA ALL RIGHTS RESERVED.
Panda is a hosting service which allow registered users to upload, post and share audio-visual content, which will be stored by us at the direction of registered users, and may be shared and made publicly available by registered users (hereinafter the "Service").

Acceptance

WHEN YOU USE OF THE SERVICE VIA OUR WEBSITE OR APP (collectively, the "Site"), OR SUBMITTING VIDEOS OR OTHER CONTENTS TO THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE (1) TERMS OF USE, AND (2) PRIVACY POLICY at here. You complete the registration procedures and click the "I AGREE" button are deemed that you reached the agreement with us and accept all the terms of the Service. Please read them with carefully.

WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS WITHOUT PRIOR NOTICE AT ANY TIME IN OUR DISCRETION. WHEN WE CHANGE THESE TERMS, WE WILL NOTIFY YOU IN ADVANCE, AND IF YOU DO NOT OBJECT, OR USE THE SERVICE AFTER THE NOTIFICATION, THE REVISED TERMS WILL BE DEEMED ACCEPTED BY YOU AFTER SUCH NOTIFICATION.

Registration and Account

You may use our Service by registering a Panda Account or by logging in via other third parties' account (e.g., Google, Facebook, Twitter, etc), you shall guarantee that:
a)   Do not use the information of other individuals or entities to register an account without their permissions;
b)   Provide factual, accurate and complete information of yours, and you shall be liable for the authenticity and validity of the information you submitted;
c)   Your user name, avatar and introduction will not violate the laws and regulations of the government and relevant provisions of Panda, or we shall have the right to suspend or terminate your use of the account.

You shall be solely responsible for all the activities that occur on your account. Panda will not be liable for your losses caused by any unauthorized use of your account.

Access to Service

Panda hereby grants you permission to use the Service, provided that:
a)   your use of the Service is solely for your personal use;
b)   you will not copy, distribute or modify any part of the Site without prior written authorization from Panda.
c)   you will not misuse our Service. For example, don't interfere with our Service or try to access them using a method other than the interface and the instructions that we provide.
d)   you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.
e)   you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
f)   You may use our Service only as permitted by law, including applicable export and re-export control laws and regulations.

IN CASE THAT YOU DO NOT COMPLY WITH OUR TERMS OR POLICIES OR WE ARE INVESTIGATING SUSPECTED MISCONDUCT, WE MAY SUSPEND OR STOP PROVIDING OUR SERVICE TO YOU.

User Submissions

The Service facilitates the submission of videos or other Contents by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Panda does not guarantee any confidentiality with respect to any User Submissions. Panda has complete discretion over whether to display your User Submissions on the Site.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You shall represent and warrant that:
a)   You own or have the necessary rights and permissions to use and authorize Panda to use all copyright, trademark or other proprietary rights in and to any User Submissions;
b)   You have the written consent and/or permission of each and every identifiable individual person in the User Submissions to use their name or likeness.

You retain all of your rights of ownership in your User Submissions. However, by submitting the User Submissions to Panda, you hereby grant Panda, in addition to any other rights which it has pursuant to any other program established by Panda, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works (including but not limited to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations) of display, and perform the User Submissions in connection with the Site and Panda's (and its successor's) business, including but not limited to grant access to the Site to third parties to view the User Submissions (and derivative works thereof). You may notify Panda to remove the User Submissions from the Site, and Panda will do so within a reasonable period, at which point the foregoing license to Panda will terminate other than with respect to usages by Panda prior to such removal.

You also hereby grant each user of the Site or other viewer of the User Submissions a non-exclusive-right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.

You agree that you will not:
a)   Submit Contents that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submissions and to grant Panda all of the license rights granted herein;
b)   Publish falsehoods or misrepresentations that could damage Panda or any third party;
c)   Submit Contents that are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
d)   Misidentify yourself in submitting the User Submissions or misstate your true identity.

YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS FROM A VARIETY OF SOURCES, AND THAT PANDA DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESS THEREIN. PANDA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS, YOU AGREE TO WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST PANDA WITH RESPECT THERETO.

Privacy Policy

Panda's Privacy Policy explain how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that Panda can use such data in accordance with our privacy policies. For more information please click here.

Intellectual Property Rights

Using our Service does not give you ownership of any intellectual property rights in our Service or the contents you access (including but not limited to: the text, software, scripts, graphics, photos, sounds, music, video and interactive features and the trademarks, service marks and logos contained therein). Contents on the Site is provided to you for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverseengineered, de-compiled, or otherwise exploited for any other purposes whatsoever without prior written consent from its owner or otherwise permission by law. These terms do not grant you the right to use any branding or logos used in our Service.

Modification and Termination of Service

We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or terminate a Service altogether. Panda may stop providing Service to you or create new limits to our Service at any time, and you can also stop using our Service at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Warranties and Disclaimers

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PANDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. PANDA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ASSUMES NO LIABILITY FOR:
a)   MISTAKES OR INACCURACIES OF CONTENT;
b)   PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE;
c)   ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
d)   ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
e)   ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR;
f)   ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE SITE.
PANDA DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY ADVERTISING, AND PANDA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES.
The foregoing disclaimer shall apply to the fullest extent permitted by laws and regulations in the applicable jurisdiction.

Indemnification

You shall indemnify any losses (including direct or indirect economic losses, incidental, special, punitive, or consequential damages whatsoever) of Panda and its affiliates arising from:
a)   Your use of the Service;
b)   Your violation of these Terms of Use;
c)   Your violation of the terms which apply to your User Submissions;
d)   Your violation of any third party right, including but not limited to any copyright, property, publicity or privacy right;
e)   Any claim that one of your User Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

Communicate by Us

By using our Service, or sending e-mails from your desktop or mobile devices to us, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, and notices and message. If you do not want to receive communications from us, you may opt out of some of those communications.

Links

This Service may contains links to other websites that are not under the control of us, we have no responsibility for the linked websites. Links are provided for your convenience and reference, you use of these linked websites solely on your own risk.

Children Under 18

You shall affirm that you are either more than 18 years of age or under the guidance of legal parental or guardian to enter into these Terms of Use, and to comply with these Terms of Use.

Severability

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

Governing Law

These Terms of Use shall be construed under the laws of People's Republic of China.

Dispute Resolution

Any disputes arising out of or relating to these Terms of Use shall be submitted to the Shanghai International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules.

Notification

If you believe that your copyright-protected work was posted on Panda without authorization, you may submit a copyright infringement notification, the notification must include the following:
a)   your contact information, including your full legal name, an email address, a physical address, and phone number, so that we and the uploader of your work can contact you;
b)   a clear and complete description of your work that you believe has been infringed;
c)   the URL or other identifying location of the allegedly infringing work;
d)   a statement that you have a good faith belief that use of the work in the manner complained of is not authorized by the copyright owner, its agent, or law;
e)   the physical or electronic signature of the copyright owner or an authorized representative of the copyright owner.

If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification, the counter-notification must include the following:
a)   your contact information, including your full legal name, an email address, a physical address, and phone number;
b)   identify the URL or other identifying location of the work that has been removed or disabled;
c)   a statement that you have a good faith belief that the work was removed or disabled as a result of a mistake or misidentification of the work to be removed or disabled;
d)   the physical or electronic signature of the copyright owner or an authorized representative of the copyright owner.

Contact Information

You may submit the above information or contact to us at:
Panda Limited
Attn: Panda Team
Phone: +8621-64718181
Email: panda-support@adways.cn
Effective:  2018