LAST UPDATED ON: Sept 1st, 2020
TABLE OF CONTENTS
|LICENSE TO ACCESS AND USE OUR PLATFORM AND CONTENT
|INTELLECTUAL PROPERTY OF THIRD PARTIES
|CONTENT OF THIRD PARTIES
|YOUR REPRESENTATIONS AND WARRANTIES
|LIMTITATION OF LIABILITY
Terms of Service
Thank You for choosing Pandosoft Pte Ltd (hereinafter referred to as “We”, “Us”, or “Our”), we are a company based in Malaysia. These Terms of Service (“Agreement”) governs Your use and access of pandosoft.com and pandoproject.org (“Platform”).
By Accepting the terms of this Agreement, You agree that this Agreement constitutes a binding contract between Us and You (each a “Party” to the Agreement and collectively, the “Parties”).
1 THE PLATFORM
The Platform is a peer to peer network based on blockchain technology. The Platform aims to decentralize live streaming. On Our Platform, You will be able to, including without limitation, live-stream Your gameplay, upload videos, view live streams, guess the outcomes of matches, and more (“Services”). You will receive Pando tokens (“Tokens”) in consideration for including without limitation viewing, live streaming, transcoding, auditing, and other services on Our Platform and others we may include from time to time. Tokens are a general/specific purpose cryptocurrency implemented on the decentralized blockchain based computer network also known as the Platform for the Purposes of this Agreement. The Tokens shall be disbursed algorithmically via micro-transactions through the Platform for Your participation on the Platform for any roles as may be applicable. For more information on Tokens ecosystem and Our disbursal methods, please read Our Pando Token Disbursal Policy. You can use the Tokens on the Platform to purchase products and merchandise listed on the Platform.
2.1 To Use Our Platform, You must:
2.1.1 be of the age of majority and not disqualified from entering into contracts under any law;
2.1.2 complete the registration process. You will be able to access limited areas and services on the Platform if You choose not to register an account on the Platform;
2.1.3 provide true, complete, and up to date legal and contact information
2.1.4 You represent and warrant that You have the authority to accept these Terms of Service.
2.2 By accessing the Platform, You represent and warrant that You meet all the requirements listed above, and that You will not Use Platform in a way that violates any laws or regulations. We may refuse access to the Platform or the Services, close accounts of any Users, and change eligibility requirements at any time.
2.3 By accepting the terms of this Agreement, You represent and warrant that You are qualified concerning the conditions stated herein therefore are permitted to Use the Platform. If You do not meet any of the conditions stated herein You shall not access/Use the Platform and must cease to be a User.
The Term of the Agreement begins as soon as You access the Platform and continues as long as You Use the Platform.
4.1 To access the Services and receive Tokens on the Platform, You will need to register for a User account (“Account”) on the Platform. For continuous access to Our Services it is suggested that You provide Us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective Account. You may be able to access some of the Services without registering an Account.
4.2 You agree not to (1) misrepresent Yourself as someone else by selecting or Using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name.
4.3 You are solely liable and responsible for any activity that occurs on Your Account. You agree and understand that You shall not share Your Account password with anybody or do any such act which promotes unauthorized Use of Your Account. You shall take all measures to protect Your password including but not limited to restricting use of Your personal device.
4.4 You must notify Us immediately of any change in Your eligibility to use the Platform, Services, Tokens, breach of security, or unauthorized Use of Your Account. You shall have the ability to delete Your Account, by making a request made on Our Platform.
4.5 You understand and agree that by creating an Account, You agree to receive communication concerning marketing emails from Us. You understand and agree that any communication or notification You receive from Us electronically shall qualify as a legal notice and meet all the legal notice requirements.
5 LICENSE TO ACCESS AND USE OUR PLATFORM AND CONTENT
Unless otherwise indicated by Us in writing, the Platform and all content and other materials contained therein, including, without limitation, the Virtual Arena logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are Our proprietary property or the property of Our Affiliates, licensors, as applicable, and are protected by Copyright Act (Cap. 63) of Malaysia and international copyright laws.
You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and Use the Platform and Content. However, such license is subject to this Agreement and does not include any right to (a) sell, resell or Use commercially the Platform or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative Uses of the Platform or Content, or any portion thereof, (d) Use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Platform or Content, except as expressly permitted by Us, and (f) Use the Platform or Content other than for their intended purposes. Any Use of the Platform or Content other than as specifically authorized herein, without Our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized Use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by Us, nothing in this Agreement shall be construed as conferring any right or license to any patent, trademark, copyright, or Our other proprietary rights to any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in this Agreement, the Platform and Content may include software components provided by Us or Our Affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
6 TOKENS, TRANSACTIONS
The Tokens are an intangible digital asset. The Tokens exist only by virtue of the ownership record maintained in the appropriate networks. Any transfer of title that might occur in any Tokens, occurs on the decentralized ledger within such appropriate platform.
We may require identification information in the event We discover any suspicious activity through any means that may be indicative of illegal activity. Identification of bank accounts may also be required. You accept and agree that in cases where We have valid reasons to believe that Your cryptocurrency address(es) is used for money laundering or for any other illegal activity, or that You have concealed or reported false identification information and other details, and also if there is a valid reason to believe that the transactions effected via any of Your cryptocurrency address(es) were effected in breach of this Agreement, We shall be entitled to require You to provide any additional information and documents to clarify the circumstances. Transactions may be frozen until such documents are reviewed by Us and accepted as satisfying the requirements of the legislation for counteracting laundering of incomes from criminal activities and financing or terrorism.
We reserve the right to request from You, any additional identifying information and support documents at any time, at the request of any competent authority. In the event You provide incomplete or false information and documents, We reserve the right to unilaterally refuse access to the Platform, Content and Tokens.
By registering on the Platform, You agree to receive electronic communications from Us via appropriate means (e.g., via emails or by notices on the Platform). These communications may include without limitations information about Your registration (“Communications”). You acknowledge and agree that any notices, agreements, disclosures, or Communications that We send to You electronically will satisfy any legal communication requirements. You should save copies of electronic communications from Us through any means at Your disposal including without limitation, by printing a paper copy or saving an electronic copy. We may also send You promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information We think will be of interest to You. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
8 INTELLECTUAL PROPERTY
The Content and any products or services, logos or slogans that may appear on the Platform are Our trademarks, or of Our Affiliates and may not be copied, imitated, or Used, in whole or in part, without Our prior written permission. You may not Use any metatags or other “hidden text” utilizing “PANDO Tokens” or any other name, trademark or product or Our service name or, of Our Affiliates without Our prior written permission. Also, including without limitation, all page headers, custom graphics, button icons and scripts, all constitute Our service marks, trademarks or trade dress and may not be copied, imitated or Used, in whole or in part, without Our prior written permission.
9 INTELLECTUAL PROPERTY OF THIRD PARTIES
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners and may not be copied, imitated or Used, in whole or in part, without the permission of the applicable trademark holder.
10 CONTENT OF THIRD PARTIES
We may display content from third parties through the Platform (“Third- Party Content”). We do not control, endorse, or adopt any Third-Party Content, and We make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Your interactions with third parties providing Third-Party Content are solely between You and such third parties, and that We are not responsible or liable in any manner for such interactions or Third-Party Content.
11 YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that You will not:
11.1violate any law, contract, intellectual property, or other third-party right or commit a tort, and that You are solely responsible for Your conduct, while accessing or Using the Platform or Using the Tokens.
11.2provide false or misleading information to Us or Our Affiliates.
11.3use the Platform in a manner which may disrupt or inhibit others from accessing or enjoying the Platform fully or partially.
11.4develop, utilize, or disseminate any software in any manner, that could damage, harm, or impair the Platform or Tokens.
11.5reverse engineer any aspect of the Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area, or code of the Platform.
11.6access or attempt to access any feature or area of the Platform or Token that You are not authorized to access.
11.7use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by Us to access the Platform or Token, extract data or otherwise interfere with or modify the rendering Platform pages or functionality.
11.8use data collected from Our Platform or Tokens to contact individuals, companies, or other persons or entities.
11.9use data collected from Our Platform or Tokens for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing).
11.10use the Platform or Tokens for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates this Agreement.
11.11use the Platform or its network to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Platform or its network or the Tokens.
You further agree that You are registering to receive Tokens for Use on the Platform and its network, and not with the purpose of selling Tokens on a secondary exchange.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about the Platform or Tokens (“Feedback”). You agree that submission of Feedback is at Your own risk and that We have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that You have all rights necessary to submit the Feedback. You hereby grant Us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to Use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights in connection with the operation and maintenance of the Platform or Tokens.
To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold Us harmless, and Our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (Individually and collectively hereinafter referred to as “Affiliates”) from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) Your use or misuse of the Platform, Content or Tokens, (b) any Feedback You provide, (c) Your violation of this Agreement, and (d) Your violation of the rights of another. You agree to promptly notify Us of any third-party Claims and cooperate with Us and Our Affiliates in defending such Claims. You further agree that We and Our Affiliates shall have control of the defence or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and Us.
The Platform, Content and Tokens are provided on an “As is” and “As Available” basis without warranties or conditions of any kind, either express or implied. We disclaim all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement as to the Platform, the Content, or the Tokens. We do not represent or warrant that Content on the Platform is accurate, complete, reliable, current, or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the Platform. We do not represent or warrant that the Platform, Content, Tokens or Our servers are free of viruses or other harmful components; therefore, You should use industry-recognized software to detect and disinfect viruses from any download. We cannot and do not guarantee the security of any data that You disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold Us responsible for any breach of security unless it is due to Our gross negligence.
We shall not be responsible or liable to You for any loss and take no responsibility for and will not be liable to You for any use of Tokens, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute-forcing or other means of attack against the Platform or the Tokens. Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law. We do not guarantee that We or any of Our Affiliates can affect the transfer of title or right in any Tokens.
We are not responsible for casualties sustained due to any kind of failure, vulnerabilities, or, abnormal behaviour of software (e.g., wallet, smart contract), blockchains or any other features of the Tokens. We are not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Tokens including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either Party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
We do not warrant, expressly or impliedly, with respect to Third-Party Content or third-party sites and/or services, and expressly disclaim any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose. In no event will We be liable for any incidental, consequential, or cover damages arising out of Your use of or inability to use third party content or third party sites and/or services or any amount in excess of the amount paid by You for the third party content or third party sites and/or services that give rise to any claim.
15 CHANGES ON THE PLATFORM, CONTENT AND TOKENS
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Platform or Content (or any features or functionality of the Platform) at any time without notice and without obligation or liability to You. We reserve the right in Our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Platform (or any features or parts thereof) or suspend or discontinue issuance of Tokens at any time and without liability thereof.
16 RISK ASSUMPTION
You acknowledge and agree:
16.1You are responsible to determine if any taxes apply to Your Token transactions. We or Our Affiliates will not be responsible for determining any such taxes.
16.2We do not store, send, or receive Tokens. Any transfer of Tokens occurs within the supporting blockchain and not on the Platform.
16.3There are many risks associated with the use of an Internet based currency, including without limitation, the risk of software, hardware and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within Your wallet. You accept and acknowledge that We will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when Using the Tokens, however caused.
16.4The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Tokens, which may also be subject to significant price volatility.
17 LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Under no circumstances will We, or Our Affiliates be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or for any loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption arising out of or in any way related to the access or use of the Platform, the Content or Tokens or otherwise related to this Agreement (including, but not limited to, any damages caused by or resulting from reliance by any User on any information obtained from Us, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Our records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the Party has been advised of the possibility of such damages and regardless of whether such damages Were foreseeable).
Notwithstanding anything contained in this Agreement, We reserve the right, without notice and in Our sole discretion, to terminate Your right to access or use the Platform and Content, at any time and for any or no reason, and You acknowledge and agree that We shall have no liability or obligation to You in such event and that You will not be entitled to a refund of any amounts that You have already paid to Us, to the fullest extent permitted by applicable law.
19 GOVERNING LAW
This Agreement, Your access to and use of the Platform, Services and Content, and Your purchase and use of the Tokens shall be governed by and construed and enforced in accordance with the laws of Singapore.
20.1Entire agreement and severability.
This Agreement is the entire agreement between You and Us with regards to the Platform, Services and Your transactions with respect to the Tokens. This Agreement supersedes all prior contemporaneous communications and proposals made (whether oral, written, or electronic) between You and Us with regards to the Platform, Services and use of Tokens. If any provisions mentioned in this Agreement is found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In the event of the failure of any Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We will not be liable in any case for any failure or delay in the performance of Our obligations for any reason hereunder if such failure results from: (a) any cause beyond Our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
All notices with respect to this Agreement shall be in writing. Notices to Us shall be sent by email to firstname.lastname@example.org. You shall ensure written confirmation of receipt for notice to be effective. Notices to You shall be sent to Your last known email address and/or to any email address that would be reasonably likely to provide notice to You, and such notice shall be effective upon transmission.
Our failure to enforce any part of this Agreement shall not constitute a waiver of Our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future.
The headers are provided only to make this agreement easier to read and understand.