Effective Date: January 8 , 2022
- LICENSE GRANT. The Site is made available by us, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any commercial or unauthorized purposes. If you wish to make use of the Site other than as set out herein, you may contact us using the contact information set forth below.
- LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. We transfer no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, we reserve all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
- USER OBLIGATIONS. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site, including, without limitation, when you provide information via a Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of this TOU by a parent or legal guardian and then solely under a parent or legal guardian’s account. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
PROPRIETARY RIGHTS. The Site is owned by MJBCV Pandora, LLC and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by us and/or our licensors. Our name, logo, and all other names, logos, and icons identifying us, our companies, products, and services are proprietary trademarks of MJBCV Pandora, LLC, and any use of such marks without the express written permission of us is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution, you automatically and hereby grant to MJBCV Pandora, LLC, its affiliates, and representatives a perpetual, royalty-free, transferable, sublicensable and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution, without additional approval or consideration, in furtherance of and in connection with the operation of the Site, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution available to us, our affiliates, and representatives , and you also acknowledge that we have no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it’s posted or displayed.
LINKS TO OTHER SITES. We may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which we exercise no control. These links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
- DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MJBCV Pandora, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MJBCV Pandora, LLC ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD PARTY WEB SOLUTIONS.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE MJBCV Pandora, LLC AND ITS PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND MJBCV Pandora, LLC CONTROL. MOREOVER, IN NO EVENT SHALL MJBCV Pandora, LLC AND ITS PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF MJBCV Pandora, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- INDEMNIFICATION. You agree to indemnify, defend, and hold MJBCV Pandora, LLC (and its partners, suppliers, affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity by your User Contribution(s).
ARBITRATION. You agree that all disputes between you and MJBCV Pandora, LLC (whether or not such dispute involves a third party) with regard to your relationship with MJBCV Pandora, LLC, including, without limitation, disputes related to this TOU, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and MJBCV Pandora, LLC hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor MJBCV Pandora, LLC will participate in a class action or class-wide arbitration for any claims covered by this TOU. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if MJBCV Pandora, LLC is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
- ENFORCING SECURITY. You may not use the Site or any of its data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using our data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of our system or network, circumventing any security or authentication measures, monitoring any data or traffic, interfering with any services, collecting or using from the Site email addresses, screen names, or other identifiers, collecting or using from the Site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against MJBCV Pandora, LLC or our data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. We reserve the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. We will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, we reserve the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site or MJBCV Pandora, LLC.
INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of MJBCV Pandora, LLC proprietary assets, will cause irreparable injury to MJBCV Pandora, LLC, such injury would not be quantifiable in monetary damages, and MJBCV Pandora, LLC would not have an adequate remedy at law. You therefore agree that MJBCV Pandora, LLC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that MJBCV Pandora, LLC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to MJBCV Pandora, LLC to enforce any provision of this TOU.
TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you begin downloading, accessing, or using the Site. We reserve the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning MJBCV Pandora, LLC’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
GOVERNING LAW. The Site is controlled and operated by MJBCV Pandora, LLC from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. Any action to enforce this TOU will be brought in the courts presiding in the State of New York and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by MJBCV Pandora, LLC of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and MJBCV Pandora, LLC as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and MJBCV Pandora, LLC with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and MJBCV Pandora, LLC with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of MJBCV Pandora, LLC. Please note that MJBCV Pandora, LLC reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, MJBCV Pandora, LLC may add, modify, or delete any aspect, program, or feature of the Site, but MJBCV Pandora, LLC is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.