Last Modified on November 20, 2020
- Changes to the Terms. GBB may revise and update these Terms from time to time at our sole discretion. Any changes are effective immediately; provided however, for existing registered End Users of PandoApp, we will notify you of material changes to these Terms by email at least thirty (30) days before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you in our records so that you will receive notice of any material changes. In addition, you will be required to affirmatively accept the revised Terms the first time you visit PandoApp and log in to your user Account (defined below) after the revised Terms take effect. If you do not agree with the proposed changes, you should discontinue your use of PandoApp prior to the time the revised Terms take effect. Your continued use of PandoApp following the posting of revised Terms means that you accept and agree to the changes.
- Changes to PandoApp. While we hope to always offer PandoApp and all of its features, we reserve the right to change or cease offering PandoApp or any part portion or functionality of PandoApp without notice. We will not be liable if for any reason all or any part of PandoApp is unavailable at any time.
- PandoApp Service.
(b) Age Restrictions. You must be eighteen (18) years of age, or the age of majority in your province, territory or country, to become a member of the PandoApp service. Individuals under the age of eighteen (18), or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms. PandoApp does not allow End Users less than thirteen (13) years of age to register an account. Your registration may be deleted and your access to the PandoApp service may be terminated without warning if PandoApp believes, in its sole discretion, that you are under the age of thirteen (13) years or between the ages of thirteen (13) and eighteen (18) years but do not have your parent’s or guardian’s permission to register for an/or access the PandoApp service.
(c) Limited License. The PandoApp service and any content viewed through our service are for your personal and non-commercial use or for the internal use of your non-profit religious organization. During your PandoApp membership, we grant you a limited, non-exclusive, non-transferable right to access the PandoApp service and view PandoApp content through the PandoApp service for your own informational purposes. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
(d) Updates to PandoApp Content. The PandoApp service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of PandoApp content.
(e) Permitted and Unpermitted Use. You may use the PandoApp service in accordance with these Terms for either your personal and non-commercial use or for the internal use of your non-profit religious organization. All rights not expressly granted to you are reserved by GBB.
You agree you are not permitted and will not use PandoApp service including, all features and functionalities associated therewith, as follows:
- in any way that violates any federal, state, local, or international law, rule or regulation, or other restrictions on use of the PandoApp service or content therein;
- to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the PandoApp service (unless explicitly authorized in these Terms);
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to impersonate or attempt to impersonate any company or person, including GBB or another PandoApp End User;
- to engage in any other conduct which, as determined by us, may harm GBB or End Users of PandoApp or expose them to liability;
- to decompile, reverse engineer or disassemble any software or other products or processes accessible through the PandoApp service
- to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the PandoApp service
- in any manner that could disable, overburden, damage, or impair PandoApp or interfere with any other person’s use of PandoApp, such as, but not limited to uploading, posting, e-mailing or otherwise sending or transmitting any material;
- use any robot, spider, scraper or other automatic device, process, or means to access PandoApp for any purpose, including monitoring or copying any of the material on PandoApp;
- to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- use any data mining, data gathering or extraction method;
- to insert any code or product or manipulate the content of the PandoApp service in any way;
- to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of PandoApp or any server, computer, or database connected to PandoApp;
- to attack PandoApp via a denial-of-service attack or a distributed denial-of-service attack; and
- otherwise attempt to interfere with the proper working of PandoApp.
You also agree that you will not send, knowingly receive, upload, download, use, or re-use any material which:
- contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- incites, encourages or threatens immediate physical harm against another;
- promotes sexually explicit or pornographic material, violence, or discrimination on any basis, including that based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under laws or regulations;
- promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
- involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and/or
- gives the impression that the material emanates from or is endorsed by GBB or any other person or entity, if this is not the case.
- End User Contributions. PandoApp contains interactive features that allow End Users to post, submit, publish, display, or transmit to other End Users or other persons content or materials (collectively, “End User Contributions”) on or through the PandoApp service. However, we do not undertake to review End User Contributions or any other material before it is posted on or through the PandoApp service, and cannot ensure prompt removal of objectionable material after it has been posted. So, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any End User or third party.
All End User Contributions must comply with these Terms. We do not claim any ownership rights in the End User Contributions that you post on or through the PandoApp service. After posting your End User Contributions on the PandoApp service, you continue to retain any rights you may have in your End User Contributions, including any intellectual property rights or other proprietary rights associated with your End User Contributions, subject to the license you grant to us below.
By providing any End User Contribution on or through the PandoApp service, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns, the perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, and worldwide right to use, reproduce, modify, perform, display, license, distribute, and otherwise disclose to third parties any such material in order to offer the PandoApp service. You represent and warrant that you own or control all rights in and to the End User Contributions and have the right to grant this license and that all of your End User Contributions do and will comply with these Terms. We are not responsible or liable to any third party for the content or accuracy of any End User Contributions posted by you or any other End User of the PandoApp service.
- Account Security. PandoApp allows End Users to create an account (“Account”) which requires providing certain information to GBB. If you choose or are provided with a username, password, or similar information as part of our security procedures for Accounts, you agree to treat such information as confidential, and agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to maintain control over your Account and prevent anyone from accessing your Account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, or terminate your account or place your account on hold in order to protect you, PandoApp or our partners from identity theft or other fraudulent activity. We also reserve the right to terminate your account or place your account on hold at any time if, in our opinion, you have violated any provision of these Terms.
- Monitoring and Enforcement; Legal Compliance; Termination.
(a) Generally. You agree that we have the right to, but do not undertake the obligation to:
- monitor or review the PandoApp service for violations of these Terms and for compliance with our policies;
- refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof;
- screen our End Users or members, or attempt to verify the statements of our End Users or members;
- monitor disputes between you and other End Users;
- manage the PandoApp service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the PandoApp service;
- take any action with respect to any End User, Account, or End User Contribution that we deem necessary or appropriate in our sole discretion if we believe there to be a violation of these Terms, infringement of third-party rights, a threat to the personal safety of others, or a threat, liability, or harm to the goodwill associated with PandoApp or GBB;
- take appropriate action, including without limitation, referral to law enforcement and disclosure of your information, for any illegal or unauthorized use of PandoApp service; and/or
- terminate or suspend your access to all or part of PandoApp service for any or no reason, including without limitation, any violation of these Terms.
(b) Cooperation with Law Enforcement Authorities. Without limiting the foregoing, we have the right to fully cooperate 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 PandoApp. YOU WAIVE AND HOLD HARMLESS GBB AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS, AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GBB OR LAW ENFORCEMENT AUTHORITIES.
(c) Interactions with Other End Users. You are solely responsible for your interactions with other End Users of the PandoApp service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the PandoApp service and that you give to other End Users of the PandoApp service. You are discouraged from publicly posting your telephone number or street address on the PandoApp service. Information posted to the PandoApp service by other End Users of the PandoApp service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other End Users with whom you come in contact through the PandoApp service. Opinions and other statements included in End Users’ Contributions do not represent the opinions or statements of GBB and the posting of an End User Contribution on the PandoApp service does not constitute the GBB’s support or endorsement of any opinions or statements expressed in the applicable End User Contribution.
(d) Right to Terminate End Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.
(e) Content Monitoring for Inmates. If you are an inmate at a correctional facility (“Facility”), you acknowledge and agree that all communications are actively monitored by the Facility where you are located, or by PandoApp at the request of the Facility. Under certain circumstances, a Facility may decline to permit or distribute a communication if the communication violates any of its policies. Your communication may be delayed as its content may be pending review and approval by the Facility or PandoApp. In addition, if a Facility places you under temporary restriction or suspension from the use of any of the PandoApp service, PandoApp is under no obligation to continue to provide such PandoApp service to you and communications may not be delivered.
The PandoApp service should not be used by attorneys to communicate with inmates as the content of your communication will not be treated as privileged and confidential.
- Your Reliance on Information. The information presented on or through PandoApp is made available solely for general information purposes. Although we strive to provide information found on PandoApp in various languages, translations to languages other than English of PandoApp content are provided to us by other parties and we do not represent or warrant the accuracy of those translations. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to PandoApp, or by anyone who may be informed of any of its contents.
- Intellectual Property Rights. PandoApp and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of the same), are owned by GBB, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Logos and Designs. The PandoApp name and logo, GBB name and logo, PandoApp logo, and all related names, logos, product and service names, designs, and slogans are trademarks and/or copyright of GBB. You must not use these marks and copyright without the prior written permission of GBB. All other names, logos, product and service names, designs, and slogans on PandoApp are the trademarks of their respective owners.
- Copyright Infringement. If you believe that any End User Contributions or other content provided on PandoApp violates your copyright or other rights, please contact our designated agent by: (a) mail at Legal Department, God Behind Bars, Inc., 241 North Stephanie St., Henderson, NV 89074; (b) phone at 702-425-9146; or (c) electronic mail at email@example.com. Please be aware that it is the policy of GBB to terminate the End User accounts of repeat infringers.
- Third Party Links and Services. PandoApp may include content or links to other websites or resources operated by third parties (“Third Party Sites”). For example, you may be able to share End User Contributions or other information with Third Party Sites through links on the PandoApp service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to PandoApp, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites. The availability of these links on the PandoApp service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. All statements and/or opinions expressed in Third Party Sites materials, and all articles and responses to questions and other content, other than the content provided by GBB, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GBB. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
- Geographic Restrictions. GBB is based in the state of Nevada in the United States. We make no claims that PandoApp or any of its content is accessible or appropriate outside of the United States. Access to PandoApp may not be legal by certain persons or in certain countries. If you access PandoApp from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties. YOUR USE OF PANDOAPP, ITS CONTENT, AND ANY FUNCTIONALITY, SERVICES, END USER CONTRIBUTIONS, OR ANY OTHER MATERIALS OR ITEMS OBTAINED OR PROVIDED THROUGH PANDOAPP IS AT YOUR OWN RISK, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GBB NOR ANY PERSON ASSOCIATED WITH GBB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF PANDOAPP. WITHOUT LIMITING THE FOREGOING, NEITHER GBB NOR ANYONE ASSOCIATED WITH GBB REPRESENTS OR WARRANTS THAT PANDOAPP OR ANY FUNCTIONALITY CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH PANDOAPP WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT PANDOAPP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT PANDOAPP OR ANY SERVICES OR ITEMS OBTAINED THROUGH PANDOAPP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BY OPERATING THE PANDOAPP SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY END USER CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE PANDOAPP SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PANDOAPP SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability. IN NO EVENT WILL GBB, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR 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, PANDOAPP, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH PANDOAPP, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH PANDOAPP, 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification. To the maximum extent possible, you agree to defend, indemnify, and hold harmless GBB, 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 or your use of PandoApp including, but not limited to, your End User Contributions, any use of PandoApp content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from PandoApp.
- Legal Disputes and Arbitration Agreement. Please read the following clause carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court:
(a) Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of PandoApp. Most concerns may be quickly resolved in this manner. Each of you and GBB agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(b) Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to Section 18(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the PandoApp service shall be finally settled by binding arbitration administered on a confidential basis by the Institute for Christian Conciliation, a division of Peacemaker® Ministries, or similar faith-based mediation and arbitration group, in accordance with the provisions of the Rules of Procedure for Christian Conciliation, excluding any rules or procedures governing or permitting class actions. In the event that the Institute for Christian Conciliation, ceases to exist during the course of this Agreement, arbitration under this section shall be conducted according to the rules of the American Arbitration Association. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act. The seat of the arbitration will be Nevada, United States.
The parties each agree to bear their own costs related to any mediation or arbitration proceeding including payment of their own attorneys’ fees. Either party may file a motion seeking temporary injunctive relief from a court of competent jurisdiction in order to maintain the status quo until the underlying dispute or claim can be submitted for mediation or arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(c) Class Action and Class Arbitration Waiver. You and GBB each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and GBB each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this Section 18(c) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 18(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(d) Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(e) Thirty (30) Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 18(b)-(d) by sending written notice of your decision to opt-out to the following email: email@example.com. The notice must be sent within thirty (30) days of registering to use the PandoApp service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we reserve the right to terminate your Account.
(f) Applicable Law and Jurisdiction. All matters, disputes, or claims relating to PandoApp and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or PandoApp shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada in each case located in the City of Henderson, Clark County. By agreeing to these Terms and using PandoApp, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver and Severability. GBB may only waive its rights under these Terms in writing. If any provision of these Terms 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 such that the remaining provisions of these Terms will continue in full force and effect.
- Your Comments and Concerns. PandoApp is operated by God Behind Bars, Inc., a Nevada nonprofit organization. All feedback, comments, requests for technical support and other communications relating to PandoApp should be directed to: PandoApp Support, 241 N. Stephanie Street, Henderson, NV 89074 or firstname.lastname@example.org.