At Pangea Foundation, Inc., your online experience and right to privacy are of paramount importance to us. We want you to feel completely comfortable and secure using our services. Pangea Foundation is dedicated to maintaining the trust and confidence of our customers and the visitors to www.familymetrics.org.
BY USING THIS PANGEA FOUNDATION WEBSITE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Copyright © 1996-2018 Pangea Foundation, Inc. (“Pangea”). All rights reserved. Various trademarks held by their respective owners. Permission to use all documents and related graphics and any other material, logos, trademarks, or service marks from this World Wide Website is subject to these Terms and Conditions.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
Pangea provides you with access to a rich collection of online resources through the Pangea Website (each a “Service” and collectively “Services”). Unless explicitly stated otherwise, any updates, enhancements, or new features that augment the current Service will be subject to the TOU. You understand and agree that the Service is provided on an “AS IS” and “AS AVAILABLE” basis, and that Pangea assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based Content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Service is for your personal and non-commercial use. You agree not to duplicate, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, resell, or exploit for any commercial purposes any portion of any information, software, products, use of the Service, access to the Service, or any service whatsoever obtained from the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, if you submit registration information to us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Service registration forms (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pangea has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pangea has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See Privacy Statement disclosures relating to the collection and use of your information. The Privacy Statement can be viewed by clicking on the “Privacy Statement” hypertext link located at the bottom of the home page of this Pangea Website.
MEMBER ACCOUNT, PASSWORD AND SECURITY
If any of the Services require you to register to open an account, you may receive a password and account designation upon completing the Service’s registration process. You are entirely responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under both your password and account. You agree to (a) immediately notify Pangea of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pangea cannot and will not be liable for any loss or damage arising from your failure to comply with your own duty to maintain your own security and privacy. Furthermore, Pangea cannot and will not be liable for any loss or damage whatsoever incurred by you or any and all third parties as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Pangea or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the expressed permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Service, you agree not to use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner that could damage, disable, overburden, or impair any Pangea Server, or the network(s) connected to any Pangea server, or interfere with any other party’s use and enjoyment of any Service whatsoever. You may not attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any Pangea server or to any of the Services, through hacking, password mining, or any other means, without limitation. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
USE OF THE SERVICE
The Service may from time to time contain news groups, communities, forums, social networking tools, calendars, Blogs, bulletin board services, chat areas, photo albums, file cabinets, and/or other message or communication services designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services solely to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Upload, post, email, or otherwise transmit
any Content that is unlawful, threatening, abusive,
harassing, tortious, defamatory, obscene, libelous,
invasive of another’s property, hateful,
or racially or ethnically inciteful;
- harm minors
in any way;
- impersonate any person or entity, including,
but not limited to, a Pangea official, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
- upload, post, email or otherwise
transmit any Content that you do not have a right
to transmit under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary, and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, or otherwise make available,
files that contain images, photographs, software
or other material protected by intellectual property
laws, including, by way of example, and not as
limitation, copyright or trademark laws unless
you own or control the rights thereto or have received
all necessary consent to do the same;
- use any material or information, including
images or photographs, which are made available
through the Service in any manner whatsoever that
infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party;
or delete any copyright management information,
such as author attributions, legal or other proper
notices or proprietary designations or labels of
the origin or source of software or material contained
in a file that is uploaded;
any file posted by another user of a Communication
Service that you know, or reasonably should know,
cannot be legally reproduced, displayed, performed,
and/or distributed in such manner;
post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials,
surveys, contests, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or
any duplicative or other form of solicitation (commercial
or otherwise), except in those areas (such as shopping
rooms) that are designated for such purpose;
post, email or otherwise transmit any material
that contains software viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files,
or any other computer code, files or programs that
may interrupt, destroy or limit the functionality
of any computer software, hardware, telecommunications
equipment, or other property of another;
the normal flow of dialogue, cause a screen to “scroll” faster
than other users of the Service are able to type, or
otherwise act in a manner that negatively affects
other users’ ability
to engage in real-time exchanges;
- restrict or inhibit
any other user from using and enjoying the Communication
with or disrupt the Service or servers or network
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Service;
- intentionally or unintentionally violate any
applicable local, state, national or international
law, and any and all regulations having the force
- upload, post, email or otherwise transmit
any Content whatsoever that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights (“Rights”) of any party;
download, or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory
of users of the Services or other user or usage
information or any portion thereof;
- defame, abuse, stalk, harass, threaten,
or otherwise violate the legal rights (such as
rights of privacy and publicity) of another; or
or store personal data about other users or harvest
or otherwise collect information about others,
including email addresses, without their consent.
You acknowledge and agree that Pangea has no obligation to monitor the Communication Services and you understand that Pangea does not pre-screen or monitor your or third party Content, but that Pangea and its designees will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Pangea and its designees will have the right to remove any Content that violates the TOU or is otherwise objectionable at any time, without notice, for any reason whatsoever. Further, Pangea reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Pangea or submitted to Pangea and the Service, without limitation.
You acknowledge and agree that Pangea may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pangea, it’s users and the public. Pangea reserves the right at all times to disclose any information as Pangea deems necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pangea’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Pangea does not control or endorse the Content, messages, or information found in any Communication Service and, therefore, Pangea specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Pangea’s employees, managers, directors and collaborative partners, and any and all other contributors and hosts of the Communication Services are not authorized Pangea spokespersons, and their views do not necessarily reflect those of Pangea.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THE SERVICE
Any software that is made available to download from the Service (“Software”) is the copyrighted work of Pangea and/or its suppliers. Use of the Software is governed by the terms of the user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PANGEA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, PANGEA MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PANGEA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICE OR IN PANGEA SOFTWARE PRODUCTS.
For any Software not accompanied by a license agreement, Pangea hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Pangea Website in accordance with this TOU, and for no other purpose provided that you keep intact all copyright and other proprietary notices.
All Software not accompanied by a license agreement is also owned by Pangea and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
Any Software which is downloaded from the Service for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Pangea Foundation, Inc., 3268 Governor Drive Suite #181, San Diego, CA 92122.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE SERVICE
Permission to use Documents (such as white papers, press releases, datasheets, and FAQs) from the Service is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and a permission notice from Pangea appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of this Pangea Website or any other Pangea owned, operated, licensed, or controlled site. Elements of the Pangea Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, video, sound, or image from any Pangea Website may be copied or retransmitted unless expressly permitted by Pangea.
PANGEA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PANGEA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, title AND NON-INFRINGEMENT. IN NO EVENT SHALL PANGEA, AND WHERE APPLICABLE ITS LICENSORS, SUPPLIERS, CO-BRANDERS OR OTHER INDUSTRY PARTNERS, THIRD PARTY COLLABORATORS, EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONTENT PROVIDERS, SERVICE PROVIDERS, ATTORNEYS AND AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PANGEA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICE REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SERVICE
IN NO EVENT SHALL PANGEA, AND WHERE APPLICABLE ITS LICENSORS, SUPPLIERS, CO-BRANDERS OR OTHER INDUSTRY PARTNERS, THIRD PARTY COLLABORATORS, EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONTENT PROVIDERS, SERVICE PROVIDERS, ATTORNEYS AND AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICE.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of Content or affecting the privacy of persons.
MATERIALS PROVIDED TO PANGEA AND POSTED ON THE SERVICE
Pangea does not claim ownership of the materials you provide to the Service (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Pangea, its affiliated organizations and companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet services and businesses (including, without limitation, all Pangea Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and the right to sublicense such rights to any supplier of the Service; and to publish your name in connection with your Submission.
No compensation will be paid with respect to your use of your Submission, as provided in the TOU. Pangea is under no obligation to post or use any Submission you may provide and Pangea may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures, or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any Content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this TOU and the Service, (b) you have the rights necessary to grant the licenses and sublicenses described in this TOU, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Image available to members of such private community), and/or (b) to the general public (for each such Image available anywhere in the Service, other than a private community), permission to use your Images in connection with the use, as permitted by this TOU, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Service, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to your use of your Images.
You agree to indemnify and hold Pangea, and where applicable its licensors, suppliers, co-branders or other industry partners, third party collaborators, each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, contractors, Content providers, service providers, attorneys and agents harmless from and against any and all demands, claims, lawsuits, actions at law or equity, costs, damages, losses, judgments, liabilities and expenses (including attorney’s fees and costs) in connection with any judicial, quasi-judicial, or administrative proceeding, by any client or third party, whether a person, corporation, or other legal entity due to or arising out of Content you submit, post or transmit to the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another whatsoever.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge and agree that Pangea may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that email messages, message board postings, Blog entries, or other uploaded Content will be retained by the Service. You acknowledge and agree that Pangea has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge and agree that Pangea reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that Pangea reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Pangea reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pangea will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service whatsoever.
UNSOLICITED IDEA SUBMISSION POLICY
PANGEA OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, OR BOARD MEMBERS DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW MARKETING OR ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS WHATSOEVER. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PANGEA’S PRODUCTS OR SERVICES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PANGEA. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO PANGEA OR ANYONE AT PANGEA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR UNSOLICITED IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PANGEA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
You acknowledge and agree that Pangea, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Pangea believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Pangea may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of the TOU may be effected without prior notice, and you agree that Pangea may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Pangea will not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that Pangea will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS TO THIRD PARTY SITES
The Service may provide, or third parties may provide, links to other World Wide Websites or resources (“Linked Sites”). The Linked Sites are not under the control of Pangea and Pangea is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pangea is not responsible for Webcasting or any other form of transmission received from any Linked Site. Pangea is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pangea of the site or any association with its operators.
Because Pangea has no control over such sites and resources, you acknowledge and agree that Pangea is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pangea will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
PANGEA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pangea or advertisers, you agree not to (i) license, sublicense, sell, rent, lease, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content, in any way, in whole or in part; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
PANGEA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER FOR HARDWARE OR SOFTWARE PROVIDED BY YOU OR A THIRD PARTY. PANGEA ALSO DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES RELATING TO THE SUITABILITY OR COMPATIBILITY OF YOUR EXISTING COMPUTER HARDWARE OR SOFTWARE SYSTEMS TO ACCOMPLISH YOUR DESIRED PERFORMANCE OBJECTIVES IN CONNECTION WITH ANY OF THE SERVICES.
PANGEA, ITS LICENSORS, SUPPLIERS, INDUSTRY PARTNERS, CO-BRANDERS, AND THIRD PARTY COLLABORATORS MAKE NO REPRESENTATION, WARRANTY, ENDORSEMENT, OR GUARANTEE TO YOU OR ANYONE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT AFFILIATED WITH THE SERVICE WHATSOEVER AND, AS SUCH, DISCLAIMS ANY AND ALL RESPONSIBILITY THEREOF.
YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY AND INFRASTRUCTURE THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, AND PROPERTY. PANGEA, ITS LICENSORS, SUPPLIERS, INDUSTRY PARTNERS, CO-BRANDERS, AND THIRD PARTY COLLABORATORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, DATABASE, OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT OR STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY, ACCURACY, RELIABILITY, OR SUITABILITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION, OPINION, ADVICE, TROUBLESHOOTING SUGGESTIONS, THE SERVICE, OR ANYTHING WHATSOEVER RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION THE NETWORK, THE TRANSMISSION SYSTEM, THE HARDWARE, OR DEVICES USED TO INTERFACE WITH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (F) ERRORS OR DEFECTS WILL BE CORRECTED, OR (G) THE SERVICE, THE SERVER(S), THE NETWORK IN GENERAL, OR THE HARDWARE AND DEVICES THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (H) ANY INFORMATION, OPINION, ADVICE, SUGGESTION, STATEMENTS MADE, WHETHER WRITTEN OR VERBALLY, RELATED TO ANY INDUSTRY, TECHNOLOGY, YOU OR YOUR ORGANIZATION, YOUR RESPONSIBILITIES, BEST PRACTICES, LEGAL, ETHICAL, AND/OR MORAL STANDARDS OR PRACTICES, ARE ACCURATE, RELIABLE, OR SUITABLE.
FURTHER, PANGEA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THIS SITE BY ANY PARTY OTHER THAN PANGEA, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PANGEA, ITS LICENSORS, SUPPLIERS, INDUSTRY PARTNERS, CO-BRANDERS, AND THIRD PARTY COLLABORATORS.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCES WILL PANGEA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE, OR ANYONE ELSE’S RELIANCE ON INFORMATION, OR ADVICE OBTAINED FROM PANGEA IN GENERAL, OR THE SERVICE, WHETHER IT BE RELATED TO OR UNRELATED TO THE SERVICE OR A LINKED SITE. NOR WILL PANGEA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE, OR ANYONE ELSE’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SERVICE OR A LINKED SITE. THERE ARE RISKS ASSOCIATED IN ACCEPTING INFORMATION AS ACCURATE WITHOUT DOING YOUR OWN RESEARCH. AS SUCH, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, STATEMENT, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE, RELATED TO THE SERVICE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, STATEMENT, PRODUCT, SERVICE, OR OTHER CONTENT.
YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PANGEA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY FOR USE OF THE SERVICE AND/OR LINKED SITES
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED VIA THE SERVICE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PANGEA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. PANGEA DOES NOT WARRANT OR REPRESENT THAT THE CONTENT IN THE SERVICE IS COMPLETE OR UP-TO-DATE. PANGEA IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SERVICE. PANGEA MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. PANGEA MAY MAKE IMPROVEMENTS OR CHANGES TO THE SERVICE AT ANY TIME. YOU AGREE THAT PANGEA, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SERVICE OR A LINKED SITE, EVEN IF PANGEA IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR INFORMATION OR DATA, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PANGEA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE.
LIMITATION OF LIABILITY FOR SERVICES AVAILABLE THROUGH THE SERVICE
YOU AGREE THAT PANGEA IS A MERE AGENT FOR ANY AND ALL PROVIDERS OF SERVICES AVAILABLE THROUGH THE SERVICE. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SERVICE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. PANGEA HEREBY DISCLAIMS ANY LIABILITY UNDER ANY LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE PANGEA. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL PANGEA, OR THE INDEMNIFIED PARTIES HAVE ANY LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THIS TOU IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU DIRECTLY TO PANGEA, IF ANY, IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR RECEIVED BY PANGEA UNDER ANY INSURANCE POLICY REQUIRED TO BE MAINTAINED HEREIN. IN NO EVENT SHALL PANGEA AND OR IT’S RESPECTIVE LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED TO: LOSS OF DATA, REVENUE, PROFITS, BUSINESS LOSES, LOST OPPORTUNITIES, ORGANIZATIONAL INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF GOODWILL, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTIES LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF, OR ARE AWARE OF, THE POSSIBILITIES OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
COPYRIGHTS AND TRADEMARKS
Pangea Foundation, Inc. retains copyright and/or applicable rights to all text, graphic images, and videos supplied on this site. All trademarks and service marks remain the sole property of their respective owners.
You may not distribute any text or graphics herein to others without the express written permission of Pangea, “mirror” this information on your own site without permission from Pangea, or modify or re-use in any way the text or graphics on this site.
The following are registered in the U.S. Patent and Trademark Office as trademarks/service marks of Pangea Foundation, Inc.: IMPACT VISUALIZATION FOR NONPROFITS, IMPACT VISUALIZATION ON DEMAND, NONPROFIT VISUAL INTELLIGENCE.
The following are also trademarks/service marks of Pangea Foundation, Inc.: PANGEA FOUNDATION, THE PANGEA FOUNDATION LOGO, FAMILYMETRICS.
Without Pangea’s prior permission, you agree not to display or use in any manner whatsoever, the Pangea trademarks/service marks.
Unless otherwise specified in this TOU, this agreement constitutes the entire agreement between you and Pangea with respect to use of the Pangea Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pangea with respect to the use of the Pangea Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Pangea resides in San Diego, California, U.S.A. As such, this TOU and the relationship between you and Pangea will be governed by the laws of the State of California without regard to its conflict of law provisions. If you are a resident of the United States of America, you hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the Pangea Website. If you are not a resident of the United States of America, you hereby consent to binding and mandatory arbitration in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the Pangea Website. Use of the Pangea Website is unauthorized in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph.
The failure of Pangea to exercise or enforce any right or provision of this TOU will not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pangea as a result of this agreement or use of the Pangea Website.
If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Pangea’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pangea’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Pangea Website or information provided to or gathered by Pangea with respect to such use.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations to the TOU via our contact page.
Last modified: 11/20/2010