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Website Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Panda Distribution, Inc. dba Panda Security ("Company," "we," or "us"). The below-referenced terms and conditions, along with any documents expressly incorporated by reference (collectively, "Terms of Use"), govern your access to and use of www.pandasecurity.com/en-us/, which includes, but is not limited to, any content, functionality, and services offered on or through www.pandasecurity.com/en-us/ (the "Website"). These terms apply to your use as a guest or a registered user.

Prior to any use of the Website, read the Terms of Use carefully. By using the Website or by clicking to accept or agree to the Terms of Use, you expressly accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. Do not access the website if you do not agree to be bound to the above-referenced Terms of Use or the Privacy Policy.

These Terms of Use are not exhaustive. There may be instances where other conditions specific to certain products, services, contents and/or tools available on the website may exist and will be available to you where applicable. The Terms of Use hereby apply to these instances.

Users of the Website is limited to users 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you hereby represent and warrant that you are legally permitted to form a binding contract with the Company and that you meet all of the foregoing eligibility requirements. Do not access or use the Website if you do not meet all of these requirements.

Changes to the Terms of Use

The Terms of Use may be revised and updated from time to time at the Company’s sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Website thereafter. However, changes to the dispute resolution provisions set out in

Governing Law and Jurisdiction

will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You also agree to check this page each time you access this Website to ensure you are aware of any changes which are binding on you.

Accessing the Website and Account Security

This Website, including any service or material provided thereon, may be withdrawn or amended at any time without notice at the Company’s sole discretion. The Company will not be liable if for any reason all or any part of the Website is unavailable (at any time or for any period of time). Access to some parts or the entire Website may be restricted from time to time for both to users and registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that any users who access the Website through your internet connection are aware of and comply with these Terms of Use.

To access the Website or its resources, you may be asked to provide certain registration details or other information. All information you provide on the Website must be valid. You agree that all information you provide to the Website, including, but not limited to, information provided through the use of any interactive features, is governed by our Privacy Policy. You hereby consent to all actions the Company may take with respect to your information consistent with our Privacy Policy.

Any user name, password, or any other piece of information as part of our security procedures chosen or provided to you must be treated as confidential. Do not disclose said confidential information to any other person or entity. Your account is personal to you and you acknowledge and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. Notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Ensure that you exit from your account at the end of each session. If you are accessing your account from a public or shared computer, ensure that others are not able to view or record your password or other personal information.

Your user name, password, or other identifier, whether chosen by you or provided by us, may be disabled at any time in our sole discretion.

Intellectual Property Rights

The Website, its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material. The Website is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Website is to be used for your personal, non-commercial use only. Do not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Temporarily stored copies of such materials in RAM incidental to your accessing and viewing those materials on your computer.
  • Automatically cached files stored by your Web browser for display enhancement purposes.
  • A printed or downloaded copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • A single copy of downloadable desktop, mobile, or other application to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement and any other applicable terms and conditions for such applications.

You must not:

  • Modify copies of any materials from the Website.
  • Utilize any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text on the Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Access or use of the Website, including services or materials made available through the Website, for commercial purposes is prohibited.

Any other use of the material on this Website must be requested via email to: webissues@pandasecurity.com.

Any breaches to the Terms of Use (printing, copying, modifying, downloading, or other unpermitted use of the Website) immediately ceases your right to use the Website. You must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use not expressly permitted by these Terms of Use constitutes a breach and may violate copyright, trademark, and other laws.

Trademarks

The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Such marks may not be used without prior written permission from the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

The Website may only be used for lawful purposes and in accordance with these Terms of Use. The Website cannot be used:

  • In any manner that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For exploiting, harming, or attem
  • pting to exploit or harm minors. This includes, but is not limited to, exposing minors to inappropriate content, asking for personally identifiable information, or other such acts.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material which includes "junk mail," "chain letters," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate any other person or entity. This includes, but is not limited to, impersonation of the Company, a Company employee, or another user. This includes, without limitation, improper use of email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that harms the Company or users of the Website. This includes restricting or inhibiting anyone's use or enjoyment of the Website, or exposes the Company or users to liability.

Additionally, you agree not to:

  • Hinder any party’s use of the Website, including their ability to engage in real time activities. This includes any use which could disable, overburden, damage, or impair the site.
  • Use any automatic device (such as a robot or spider), process, or means to access the Website for any purpose. This includes monitoring or copying any portion of the Website.
  • Use any manual process to monitor or copy any portion of the Website, not otherwise expressly authorized within the Terms of Use, without our prior written consent.
  • Interfere with the proper working of the Website through the use of any device, software, or routine.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the Website’s server, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

User Contributions

The Website may contain interactive features (such as message boards, chat rooms, personal web pages or profiles, forums, bulletin boards) (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

Such User Contributions must comply with the Content Standards set out in these Terms of Use. Furthermore, any contribution is considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company (including affiliates and service providers, and each of their and our respective licensees, successors, and assigns) all rights to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

By making a User Contribution, you represent and warrant that:

  • You own or control all rights to said contribution, and have the right to grant the license to the Company (including affiliates and service providers, and each of their and our respective licensees, successors, and assigns).
  • All contributions will comply with these Terms of Use.

You, not the Company, have full responsibility for your User Contributions, including its legality, reliability, accuracy, and appropriateness.

The Company is not responsible for any third party liability regarding your User Contributions or any User Contributions on the Website.

Monitoring and Enforcement; Termination

We have the immediate right to:

  • Remove or refuse to post any User Contributions based on the Company’s sole discretion.
  • Take any action if we believe that such User Contribution violates the Terms of Use, the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create potential liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property or right to privacy.
  • Take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend access to all or part of the Website, including without limitation, any violation of these Terms of Use.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party as we do not review material before it is posted nor can we ensure prompt removal of objectionable material. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services and the Website. User Contributions, must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any objectionable material which includes defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or inflammatory material.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on any protected category (race, sex, religion, nationality, disability, sexual orientation, or age).
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others. This includes material that could give rise to any civil or criminal liability or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause any annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales. This includes, but is not limited to contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that contribution is endorsed by the Company or other person or entity, if this is not the case.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, send us a notice of copyright infringement. It is the Company’s policy terminate the user accounts of repeat infringers. All notices of copyright infringement claims should be sent to the following e-mail address: legal_affairs@pandasecurity.com.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. As such, the Company does not warrant the accuracy, completeness, or usefulness of this information. Reliance you place on such information is at your own risk and discretion. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All such third party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials and do not reflect the Company’s opinions or views. As such, the Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

Content on the website may be updated from time to time however the content is not necessarily complete or up-to-date. The Company is under no obligation to update such material.

Information About You and Your Visits to the Website

All information collected on the Website is subject to our Privacy Policy. Your use of the Website constitutes your consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

Linking to the Website is permitted provided it is done in a fair and legal manner. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement by the Company.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
  • These features must be used in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that you do not own.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site. This includes framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action that is inconsistent with any other provision of these Terms of Use.

By linking or providing accessibility to this Website via external websites, you agree that such external websites comply in all respects with the Content Standards set out in these Terms of Use.

Linking permission may be withdrawn at any time and you agree to assist the Company with stopping any unauthorized framing or linking.

Any or all any social media features may be disable at any time without notice.

Links from the Website

If the Website contains links to other third party sites or resources, such as advertisements, banners or sponsored links, these links are provided for your convenience only. Accessing any of these third party links is done at your own risk, subject to the terms of such websites. The Company accepts not responsibility for any loss or damage arising out of such third party websites and their content.

Geographic Restrictions

The Website owner is incorporated in the State of California in the United States. The Website is restricted to persons located in the United States. The Website or its content is not meant to be accessible or appropriate for use outside of the United States. If you access the Website from outside the United States, you do so on your own risk and are responsible for compliance with local laws.

Export Laws

You must comply with all applicable domestic and international export laws and regulations that apply to the software and/or Services, which may include restrictions on destinations, end users, and end use.

Disclaimer of Warranties

The Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing safeguards to ensure your particular requirements for anti-virus protection and accuracy of data input, output and data recover are met. TO THE FULLEST EXTENT OF THE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE. THIS INCLUDES YOUR DOWNLOADING OF ANY POSTED MATERIAL POSTED ON THE WEBSITE OR WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE IN ITS ENTIRETY IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, (INCLUDING ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to fully defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent. The remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the documents and policies referenced in the same constitute the sole and entire agreement between you and Panda Distribution, Inc. dba Panda Security US regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Panda Distribution, Inc. dba Panda Security US, 77 S. Bedford St. Suite 350, Burlington, MA 01803.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: webissues@pandasecurity.com.