Legally Binding Agreement.

These Terms of Use constitute an agreement establishing the legally binding terms you must accept to use the Service.

Eligibility

You must be at least 18 years of age to use the Service. By submitting an application, creating an account, RSVPing to an event, attending an event, or otherwise using the Service, you represent and warrant that you can form a binding contract with Panda, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction. By using the Service, you represent and warrant that you are legally permitted to use the Service by the laws of your county, that you have never been convicted of a felony, and that you are not required to register as a sex offender with any state, federal, or local sex offender registry.

Term and Termination

These Terms of Use will remain in full force and effect while you use the Service or have a Panda account. You may terminate your account at any time, for any reason, by following the instructions provided in the app. Likewise, Panda may, in its sole discretion, suspend or terminate your account or your access to any part of the Service without notice and remove and discard any content within the Service, for no reason or for any reason whatsoever, including, without limitation, (i) for lack of use, (ii) if Panda believes in its sole discretion that you may have breached these Terms of Use or otherwise failed to uphold its membership ideals, (iii) for any other reason as Panda may determine from time to time, including terminations in connection with periodic membership reviews and membership count adjustments. Panda may also, in its sole discretion and without notice, discontinue providing the Service or any part thereof. You agree that any termination of your account or access to the Service under any provision of these Terms of Use may be effected at any time without prior notice, and you acknowledge and agree that upon such termination, Panda may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. Further, you agree that payment of all membership subscription fees and in-app purchases is final and non-refundable.

Commercial Use

The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, art, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as the promotion of a business, or advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with Panda’s express consent, which consent may be withheld in our sole discretion.

User Interactions; Meetings; Events 

THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR YOUR EXPERIENCE AT ANY IN-PERSON MEETING, EVENT, OR VENUE YOU ARE INVITED TO OR OTHERWISE ATTEND THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS THROUGH THE SERVICE – THIS INCLUDES, BUT IS NOT LIMITED TO, INTERACTIONS THROUGH THE APP, TEXT CONVERSATIONS, VIDEO CHAT INTERACTIONS, IN-PERSON INTERACTIONS WITH THOSE YOU MEET THROUGH THE SERVICE, AND YOUR ATTENDANCE AT ANY EVENT OR VENUE PROMOTED, HOSTED, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE. You understand and acknowledge that the Company does not conduct criminal background checks on its users or verify statements made by its users. The Company makes no representations or warranties as to the conduct, background, or fitness of its users or their compatibility with any current or future users. Further, although the Service may be used as a platform to promote, host, and invite users to public and private in-person events, the Company has no involvement in the hosting or production of events, does not have any control or discretion regarding the invitees, activities, or other matters relating to any event, and is not responsible for your experience at any event. You have the option to allow the Service to disclose your location to other users. While we endeavor to ensure the privacy and safety of all users’ interactions through the Service, we have no involvement and disclaim all responsibility with respect to in-person interactions. You should only elect to disclose your location after careful consideration. Further, to the extent that the Service identifies the location of a user or certain locations where users congregate or frequently visit, Panda disclaims any affiliation with such locations and makes no representations or warranties as to the safety of the location or the activities taking place therein. As noted below, in no event shall the Company, its affiliates, or its officers, directors, employees, or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else, whether or not in connection with the use of the Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, or interactions with other users or persons you meet through the Service, including those who may be able to find you through location-based components of the Service. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND IN ATTENDING ANY EVENT, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO DISCLOSE YOUR LOCATION, PROVIDE PERSONAL INFORMATION, CONTACT INFORMATION, OR MONEY TO ANOTHER USER.

User Content. 

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display, or otherwise make available (collectively, “post”) on the Service or transmit to other users, including, but not limited to, messages, videos, video chats, music, photographs, status updates, or text, whether publicly posted or privately transmitted (collectively, “User Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, disrespectful, distasteful, sexually explicit, exploitive, overtly and repeatedly self-promotional or commercial, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentiality, privacy, and publicity). You represent and warrant that (i) all information that you submit upon the creation of your account, including information submitted from your account on Social Networking Services (as defined below), is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading, or false, and (ii) you have the right to post the Content on the Service and grant the licenses set forth below. Although the Company does not generally monitor Content and is not responsible for Content posted on the app, we reserve the right to delete any Content, in whole or in part, that in our sole judgment we believe violates these Terms of Use or otherwise may materially negatively impact our members’ experience on the app or harm the reputation of the Service or the Company. By posting Content as part of the Service, you grant to Panda a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property, or personal safety of the Company or any other person. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Panda users).

Prohibited Activities

The Company reserves the right to investigate, suspend, or terminate your account if it is believed, in the Company’s sole discretion, that you have misused the Service or acted in a way the Company regards as inappropriate, improper, distasteful, harassing, unlawful, promotional, or not in conformance with the values and mission of the Company, including actions or communications occurring outside of the Service or prior to membership on the Service. Such inappropriate, improper, and unlawful behaviour includes, but is not limited to: (i) sending, posting, or otherwise uploading any Content prohibited by these Terms of Use; (ii) interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Service; (iii) violating any applicable local, state, national, or international law, or any regulations having the force of law; (iv) harassing, intimidating, abusive, bullying, exploiting, embarrassing, annoying, threatening, or stalking others; (vi) disclosing the identity of any user; (vii) taking screenshots or otherwise copying, disclosing, or sharing content from the app; (viii) impersonating any person or entity, or falsely stating or otherwise misrepresent

Intellectual Property

The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, patents, trade names, service marks, and other intellectual property rights related thereto. The Service contains copyrighted material, trademarks, patents, and other proprietary information of the Company and its licensors. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company.

Third Party Material

Under no circumstances will Panda be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted in the app or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Panda does not pre-screen content, but that Panda and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Panda and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Panda, in its sole discretion, to be otherwise objectionable. 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.

Third Party Websites

The Service may provide, or third parties may provide, links or access to other sites and resources on the internet. Panda has no control over such sites and resources, and Panda is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Panda 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 the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Panda is not liable for any loss or claim that you may have against any such third party.

Social Networking Services

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Instagram (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services may provide us with access to certain information that you have provided to such Social Networking Services, and we may use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Panda’s use, storage, and disclosure of information related to you and your use of such services within Panda (including your friend lists and the like), please see our Privacy Policy. The manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and Panda shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service. Panda is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Panda is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

Mobile Service

The Service includes certain services that are available via mobile devices, including (i) the ability to upload content to the Service, (ii) the ability to browse the Service, (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”), and (iv) the ability to receive SMS text messages. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Panda and via APNS push notifications or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Panda account information to ensure that your messages are not sent to the person that acquires your old number.

Push Notifications; Location-Based Features; Communications

By using the Service, including in submitting an application for membership, you agree that we may provide you with emails, text messages, push notifications, alerts, and other messages related thereto. After downloading the app, you will be asked to accept or deny push notifications/alerts. If you decline, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the app, you may opt out by changing your notification settings on your mobile device. The app may allow you to disclose your location or make available opportunities for you to determine the location of other users and/or view certain content and services based on your location. If you elect to make these opportunities available to you, the app will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth, or other location-determining software or do not authorize the app to access your location data, your location will not be disclosed, and you will not be able to access such location-specific content, products, services, and materials. 

Apple-Enabled Software Applications

Panda offers software applications such as the app that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Use.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Panda’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Acknowledgement 

Panda and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third-party beneficiary thereof.