Declaration of Rights and Responsibilities
This Statement of Rights and Responsibilities ( "Statement", "Terms" or "DDR") is based on the principles of PAMESCO and is the terms of service that govern our relationship with users and others who interact with PAMESCO and brands , products and services PAMESCO that do not have separate terms or that are linked to these terms, we call "PAMESCO services" or "services". By using or accessing the PAMESCO Services, you consent to this Statement, as updated from time to time in accordance with section 13 below. In addition, you can find resources at the end of this document to help you understand how PAMESCO works.
Once the PAMESCO provides a wide range of services, we may ask you to review and accept additional terms that apply to your interaction with an application, product or service. In the event of conflict of these additional terms with this DDR, the additional terms associated with the application, product or service prevail with respect to your use of the application, product or service limited to the conflict.
Your privacy is very important to us. We prepare our Data Policy to disclose how you can use the PAMESCO to share with others and how we collect and can use your content and information. We recommend that you read the Data Policy and use it to make informed decisions.
2. Sharing your information and content
Is all the information and content you publish on PAMESCO and can control how they will be shared through your privacy and application settings. Besides that:
1. For content protected by intellectual property laws, such as photos and videos (IP content), you specifically grant us the following permission, subject to your privacy and application settings: you grant us a non - exclusive global license, transferable , sublicensable, royalty-free license to use any IP content published by you or associated with PAMESCO (IP License). This IP License ends when you delete your IP content or your account, except when your content is shared with others and it is not deleted by them.
2. When you delete IP content, it is removed in a manner similar to emptying the computer's recycle bin. However, understand that the removed content may remain in backup copies for a reasonable period (but will not be available to others).
3. When you use an application, he may ask your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and agreement with this application will control how you may use, store and transfer such content and information. (To learn more about Platform, including how you can control the information that people can share with applications, read our Data Policy and Platform Page.)
4. When you publish content or information using the Public option, you are allowing everyone, including people outside the PAMESCO, access and use this information and associate with you (ie, your name and profile picture).
5. Your comments or other suggestions on PAMESCO are always welcome, but understand that we can use these comments or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do everything possible to keep PAMESCO safe, but we can not guarantee that. We need your help to keep PAMESCO safe, which includes the following commitments on your part:
1. You will not post unauthorized commercial communications (such as spam) on PAMESCO.
2. You will not collect content or user information, or access the PAMESCO, using automated means (such as bots collection, robots, spiders , or scrapers) without our prior permission.
3. You will not be part of illegal multilevel marketing like a pyramid scheme, in PAMESCO.
4. You will not upload viruses or other malicious code.
5. You will not ask login information or will access an account belonging to someone else.
6. You will not bully, harass or practice bullying against any user.
7. You will not post content that contains hate speech, whether threatening or pornographic; incite violence; or contain nudity or gratuitous or graphic violence.
8. You will not develop or operate a third party application related to alcohol content, meetings or other mature content (including advertisements) without age-based restrictions appropriate.
9. You will not use the PAMESCO to practice any unlawful, misleading, malicious or discriminatory.
10. You will not do anything that could disable, overburden, or impair the function or appearance of PAMESCO suitable as a denial of service attack or interference with the processing of the page or another feature of PAMESCO.
11. You will not facilitate or encourage the violation of this Statement or our policies.
4. Registration and Account Security
PAMESCO users provide their names and actual information, and we need your help to keep it that way. Here are some of the commitments you have entered into with us regarding registering and maintaining your account security.
1. You will not provide any false personal information on PAMESCO, or create an account for anyone other than you without permission.
2. You will not create more than one personal account.
3. If you deactivate your account, you should not create another without our permission.
4. You will not use your personal time line for their own commercial gain. For such purposes, use the PAMESCO Pages.
5. You will not use the PAMESCO if you are under 13 years.
6. You will not use the PAMESCO if you are a convicted sex offender.
7. You will keep your current and accurate contact information.
8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account or will practice any act that might compromise the security of your account.
9. You will not transfer your account (including any page or application managed by you) to anyone without first getting our written permission.
10. If you select a similar username or identifier for your account or Page, we reserve the right to remove or retrieve this name or identifier if we consider appropriate (eg, when an owner of a trademark claim a username which has no relation to the user's real name).
5. Protection of the rights of others
We respect the rights of third parties, and we expect you to do the same.
1. You do not publish content or will practice any act in PAMESCO that infringes or violates the rights of others or the law.
2. We can remove any content or information published by you in PAMESCO if we believe that it violates this Statement or our policies.
3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our page Reporting claims intellectual property infringement.
4. If we remove your content for infringing someone else 's copyright, and you believe we removed it by mistake, we will provide you the opportunity to appeal.
5. If you repeatedly infringe the intellectual property rights of third parties, we will disable your account when appropriate.
6. You will not use our copyrights, trademarks or any similar trademarks that may cause confusion, except as expressly authorized by our Usage Guidelines marks or with our prior written permission.
8. You shall not post identification documents or the confidential financial information in PAMESCO.
9. You will not mark users or send invitations by email to non - users without their consent. PAMESCO provides social reporting tools to allow users to comment on the markup.
6. Mobile and other mobile devices
1. Currently, we provide our mobile services for free, but remember that fees and normal tax your service provider, such as text messaging rates still apply.
2. If you change or deactivate your mobile telephone number, you must update the information in your account PAMESCO within 48 hours to ensure that your messages are not sent to the person that acquires your old number.
3. You consent and provides all the necessary rights to allow users to synchronize their devices with any information (including through an application) visible to them in PAMESCO.
When making a payment PAMESCO, you agree to our Terms of payment unless stated that other terms apply.
8. Special provisions for developers / operators and application sites
If you are a developer or operator of an application or the platform site, must comply with the PAMESCO Platform Policy.
9. On advertisements and other commercial content provided or enhanced by PAMESCO
We aim to promote ads and other commercial or sponsored content that are important to our users and advertisers. To help us with this, you agree to the terms below.
1. You give us permission to use your name, profile picture, content and information related to commercial content, sponsored or related (such as a brand you likes) provided or enhanced by us. This means, for example, that you allow a company or other entity to pay us to display your name and / or profile image with your content or information without receiving any compensation for it. If you have selected a specific audience for your content or information, we will respect your choice when using that data.
2. Do not provide your content or information to advertisers without your consent.
3. You understand that paid services and related communications are not always identified by us.
10. Special provisions for advertisers
If you use our advertising self-service interfaces to create, send and / or convey any advertising, or other activity or commercial or sponsored content (collectively, the "Self-Service Interfaces Ads"), will be accepting our Terms of ATM Advertising. In addition, the activity or commercial content or sponsored you serve in PAMESCO or our publisher network must comply with our Advertising Guidelines.
11. Special provisions for Pages
If you create or manage a page in PAMESCO, or run a promotion or an offer from your Page, you agree to our Terms of pages.
12. Special provisions for software
1. If you download or use our software, as a stand-alone software product, an application or a plug-in for your browser, you agree that the software may download and install updates from time to time and additional resources in order to improve or develops it.
2. You will not attempt to modify, create derivative works from, decompile or try to extract source code unless expressly authorized under open source license or that express permission has been provided for us.
1. notify you before making any changes in these terms and give you the opportunity to review and comment on the revised terms before continuing to use our services.
2. If we make changes to policies, guidelines or other terms mentioned or incorporated in this Declaration, we can present a notice on the Site Governance Page.
3. If you continue to use the Services after the PAMESCO change notice on our terms, policies or guidelines, this will constitute your acceptance of the terms, policies or guidelines changed.
If you violate the text or the substance of this Statement, or create a potential risk or legal exposure for us, we may fail to provide all or part of PAMESCO for you. We'll notify you by email or the next time you try to access your account.You can also delete your account or disable your app at any time. In all such cases, this Declaration shall lapse, but the following provisions shall still apply: 2.2, 2.4, 3-5, 9.3 and 14-18.
1. You will resolve any claim, cause of action or dispute (claim) arising out of or related exclusively to this Statement or PAMESCO the US District Court for the Northern District of California or state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of pleading all such claims. The laws of the State of California govern this Statement, as well as any claims that may arise between you and us, regardless of any conflict of law provisions.
2. If someone makes a claim against us in relation to your actions, content or information on PAMESCO, you relieve us of the responsibility for all damages, losses and expenses of any kind (including applicable court costs) in relation to this claim. Even by establishing rules of conduct for users, we do not control or direct the actions of users at PAMESCO and we are not responsible for the content or information that users transmit or share at PAMESCO. We are not responsible for any offensive, inappropriate, obscene, illegal or objectionable content or data that you may find on PAMESCO. We are not responsible for the conduct, online or offline, of any PAMESCO user.
3. WE TRY TO KEEP RUNNING PAMESCO, SECURE OR ERROR - FREE, BUT YOU USA AT YOUR OWN RISK. WE PROVIDE PAMESCO AS IS, WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT. WE DO NOT WARRANT THAT THE PAMESCO WILL ALWAYS BE SECURE, PROTECTED, ERROR-FREE, OR THAT THE PAMESCO WILL ALWAYS WORK WITHOUT INTERRUPTIONS, DELAYS, OR IMPERFECTIONS. PAMESCO IS NOT RESPONSIBLE FOR ANY THIRD PARTY ACTIONS, CONTENT, INFORMATION, OR DATA, AND YOU DISCLAIM TO US, OUR DIRECTORS, OFFICERS, OFFICERS AND AGENTS OF ANY CLAIM OR DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO ANY CLAIM FOR ANY CLAIM THAT YOU HAVE AGAINST THIRD PARTIES. IF YOU ARE A RESIDENT IN CALIFORNIA, YOU ABDICATE THE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: THE GENERAL DISCLAIMER DOES NOT EXTEND CLAIMS THAT THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTION OF THE WAIVER WHICH, IF KNOWN BY HIM, SUBSTANTIALLY AFFECT YOUR AGREEMENT WITH THE DEBTOR. WE DO NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS STATEMENT OR TO THE PAMESCO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING FROM THIS DECLARATION OR THE PAMESCO SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US $ 100) OR THE AMOUNT PAID IN THE US IN THE LAST TWELVE MONTHS. APPLICABLE LAW CAN NOT ALLOW THE LIMITATION OR EXEMPTION FROM LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THESE CASES, PAMESCO'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Special provisions apply to users outside the United States
We strive to create a global community with consistent standards for all, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with PAMESCO outside the United States.
1. You agree to having your personal data transferred to and processed in the United States.
2. If you live in a country embargoed by the United States or part of the list of the US Treasury Department's Specially Designated Nationals you will not engage in commercial activities in PAMESCO (such as advertising and payments) or operate an application or site platform. You will not use PAMESCO if you are prohibited from receiving products, services or software originating in the United States.
3. Certain specific terms that apply only for German users are available here.
1. The terms "PAMESCO" or "Services PAMESCO" cover the features and services we make available, including through (a) our website www.PAMESCO.com and any other site of PAMESCO brand or co - branded websites (including sub - domains, international versions, widgets and mobile versions); (b) our Platform; (c) social plug-ins such as the Like button, the Share button, and other similar offers (d) and other media, brands, products, services, software (such as a toolbar), devices or networks already in existence or subsequently developed . PAMESCO reserves the right to define, at its discretion, which brands, products or services are governed by separate terms and not by this DDR.
2. The term "Platform" involves a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve PAMESCO data or provide data to us.
3. The term "information" involves facts and other information about you, including actions taken by users and non - users who interact with the PAMESCO.
4. The term "content" involves everything that you or other users post, provide or share using the PAMESCO Services.
5. The term "data" or "user data" involves any data, including content or information from a user that you or third parties may obtain from or provide PAMESCO PAMESCO the platform.
6. The term "publish" involves publish or make available content using PAMESCO.
7. The term "use" means use, run, copy, move or display publicly, distribute, modify, translate, and create derivative works.
8. The term "application" involves any application or website that uses or access the platform, as well as any item that receives or has received data from us. If you no longer access the Platform but did not delete the data, the term application will apply until you delete it.
9. The term "Trademarks", refer to the list of trademarks provided herein.
1. If your home or its principal place of business is in the United States or Canada, this Statement represents an agreement between you and PAMESCO, Inc. Otherwise, this Statement represents an agreement between you and PAMESCO Ireland Limited. References to "us", "us" and "our" mean PAMESCO, Inc. or PAMESCO Ireland Limited, as appropriate.
2. This Statement makes up the entire agreement between the parties with respect to PAMESCO and takes precedence over earlier agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force.
4. If we fail to enforce any of this Statement, it will not be regarded as rights of abdication.
5. Corrections or waivers of rights of this Statement must be made in writing and signed by us.
6. You may not assign your rights or obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assigned by us in connection with mergers, acquisitions, sales of assets, legal or other factor.
8. Nothing in this Declaration will prevent us from complying with the law.
9. This Statement does not confer rights that benefit third parties.
10. We reserve all rights not expressly granted to you.
11. You must comply with all applicable laws when using or accessing the PAMESCO.
By using or accessing the PAMESCO Services, you allow us to collect and use such content and information in accordance with the Data Policy and its future amendments. You can also refer to the following documents, which provide more information about your use of PAMESCO.
§ Payment Terms: These additional terms apply to all payments made in PAMESCO or through, unless stated that other terms apply.
§ Platform Page: This page helps you better understand what happens when you add third-party applications or use PAMESCO Connect, including how they can access and use their data.
§ the PAMESCO Platform Policies: These guidelines detail the policies that apply to applications, including PAMESCO connections sites.
§ Advertising Policies: These guidelines detail the policies that apply to advertisements published in PAMESCO.
§ Terms of Advertising Self-Service: these terms apply when you use the Self-Service Interfaces Ads to create, send and / or convey any advertising, or other activity or commercial or sponsored content.
§ Guidelines deals: These guidelines outline the policies that apply to the provision of contests, giveaways and other promotions in PAMESCO.
§ the PAMESCO brand Resources: These guidelines outline the policies that apply to the use of trademarks, logos and PAMESCO screen captures.
§ How to report claims of intellectual property infringement
§ Terms of pages: These guidelines apply to your use of PAMESCO pages.
§ Community Standards: These guidelines outline our expectations regarding the content you publish on PAMESCO and its activities in PAMESCO.