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The Gist:
We (the folks at pandorabots) run a service called pandorabots.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as domain hosting and extra storage. Our service is designed to give you as much control and ownership over your pandorabot as possible and encourage you to express yourself freely. However, be responsible with your pandorabot. In particular, make sure that none of the prohibited items listed below appear on your pandorabot or get linked to from your pandorabot (things like spam, viruses, or hate content).
You can check Pandorabots Policy — Types of pandorabots to get a sense of the types of sites that are welcome on our service (or not!). If you find a pandorabot on pandorabots.com that you believe violates our terms of service, please check our Complaints page.
Your relationship with Pandorabots
1.1 Your use of Pandorabots’ products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Pandorabots under a separate written agreement) is subject to the terms of a legal agreement between you and Pandorabots. Throughout this document “Pandorabots” means Pandorabots Inc., and references to a “pandorabot” can be understood as meaning an instantiation within the Services of one or more of the following non-inclusive yet commonly encountered descriptions: bot, chatbot, chatterbot, artificial entity, and virtual robot. Correspondence regarding this agreement should be sent to Pandorabots’ principal place of business and addressed to Pandorabots, Inc., Attn: H Levy, 5940 College Ave, Suite F, Oakland, CA 94618, United States. This document explains how the agreement is made up, and sets out some of the terms of the agreement.
1.2 Unless otherwise agreed in writing with Pandorabots, your agreement with Pandorabots will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Pandorabots will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Pandorabots in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Pandorabots, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
Language of the Terms
3.1 Where Pandorabots has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Pandorabots.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Provision of the Services by Pandorabots
4.1 Pandorabots has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Pandorabots itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Pandorabots is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Pandorabots provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Pandorabots may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Pandorabots’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Pandorabots when you stop using the Services.
4.4 You acknowledge and agree that if Pandorabots disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Pandorabots may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Pandorabots at any time, at Pandorabots’ discretion.
Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Pandorabots will always be accurate, correct and up to date.
5.2 You agree to use the Service only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts the Service or servers or networks connected to the Service. In addition to this agreement, your use of some specific Pandorabots services is governed by the policies or guidelines that are presented to you when you signed up for or accessed those services and which are specifically incorporated into this Agreement. You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control. When you are in a country outside of the United States you agree to additionally comply with any local rules regarding online conduct and acceptable content, including laws regulating the export and reexport of data to and from the United States or such other country.
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Pandorabots, unless you have been specifically allowed to do so in a separate agreement with Pandorabots. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Pandorabots, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Pandorabots has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Pandorabots may suffer) of any such breach.
Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Pandorabots for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Pandorabots immediately at info@pandorabots.com.
Privacy and your personal information
7.1 For information about Pandorabots’ data protection practices, please read Pandorabots’ privacy policy at Pandorabots’ Privacy Policy. This policy explains how Pandorabots treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Pandorabots’ privacy policies.
Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Pandorabots (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Pandorabots or by the owners of that Content, in a separate agreement.
8.3 Pandorabots reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Pandorabots may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Pandorabots has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Pandorabots may suffer) by doing so.
8.6 If you operate a pandorabot, comment on a pandorabot, post material, or post links while using the Services, or otherwise make (or allow any third party to make) Content available through use of the Services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
8.7 Without limiting any of those representations or warranties, Pandorabots has the right (though not the obligation) to, in Pandorabots’ sole discretion:
Proprietary rights
9.1 You acknowledge and agree that Pandorabots (or Pandorabots’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Pandorabots and that you shall not disclose such information without Pandorabots’ prior written consent.
9.2 Unless you have agreed otherwise in writing with Pandorabots, nothing in the Terms gives you a right to use any of Pandorabots’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Pandorabots, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Pandorabots’ brand feature use guidelines as updated from time to time. These guidelines can be viewed online at Pandorabots Permissions (or such other URL as Pandorabots may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, Pandorabots acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Pandorabots, you agree that you are responsible for protecting and enforcing those rights and that Pandorabots has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Pandorabots, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Pandorabots
10.1 Pandorabots gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Pandorabots as part of the Services as provided to you by Pandorabots (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Pandorabots, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Pandorabots, in writing.
10.3 Unless Pandorabots has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Content licence from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Pandorabots a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Pandorabots to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this licence includes a right for Pandorabots to make such Content available to other companies, organizations or individuals with whom Pandorabots has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Pandorabots, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Pandorabots to take these actions.
11.4 You confirm and warrant to Pandorabots that you have all the rights, power and authority necessary to grant the above licence.
Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Pandorabots. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Pandorabots to deliver these to you) as part of your use of the Services.
Ending your relationship with Pandorabots
13.1 The Terms will continue to apply until terminated by either you or Pandorabots as set out below.
13.2 If you want to terminate your legal agreement with Pandorabots, you may do so by (a) notifying Pandorabots at any time and (b) closing your accounts for all of the Services which you use, where Pandorabots has made this option available to you. Your notice should be sent, in writing, to Pandorabots’ address which is set out at the beginning of these Terms.
13.3 Pandorabots may at any time, terminate its legal agreement with you if:
13.4 Nothing in this Section shall affect Pandorabots’ rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Pandorabots have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT PANDORABOTS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, PANDORABOTS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANDORABOTS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 PANDORABOTS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PANDORABOTS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
15.2 THE LIMITATIONS ON PANDORABOTS’ LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT PANDORABOTS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and trade mark policies
16.1 It is Pandorabots’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Pandorabots’ policy can be found at Digital Millennium Copyright Act.
16.2 Pandorabots operates a trade mark complaints procedure in respect of Pandorabots’ advertising business, details of which can be found at What is Pandorabots’s trademark policy?.
Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Pandorabots on the Services are subject to change without specific notice to you.
17.3 In consideration for Pandorabots granting you access to and use of the Services, you agree that Pandorabots may place such advertising on the Services.
Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Pandorabots may have no control over any web sites or resources which are provided by companies or persons other than Pandorabots.
18.2 You acknowledge and agree that Pandorabots is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Pandorabots is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
19.1 Pandorabots may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Pandorabots will make a new copy of the Universal Terms available at Pandorabots Terms of Service and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Pandorabots will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Pandorabots and govern your use of the Services (but excluding any services which Pandorabots may provide to you under a separate written agreement), and completely replace any prior agreements between you and Pandorabots in relation to the Services.
20.3 You agree that Pandorabots may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Pandorabots does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Pandorabots has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pandorabots’ rights and that those rights or remedies will still be available to Pandorabots.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Pandorabots is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Pandorabots under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Pandorabots agree to submit to the exclusive jurisdiction of the courts located within the county of Alameda, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Pandorabots shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Revision: | Pandorabots Terms of Service 1002-20090904 |
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Feb 15, 2014