TERMS OF USE


Agreement Between You and Panacea Video Foundation


This is a legal agreement ("Agreement") between you ("you" or "yours" or "users") and Panacea Video Foundation ("Panacea" or the "Company" or "we" or "us" or "our"). Please read this Agreement carefully before submitting an account registration and/or using or obtaining any content, products, or services through our website, www.panacea.video ("panacea.video" or the "Website"). BY ACCESSING ANY AREAS OF THIS WEBSITE YOU AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE TO THIS AGREEMENT AND TO ABIDE BY THESE TERMS AND CONDITIONS. If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS WEBSITE.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Persons who are under 14 years old may not register for panacea.video. By registering with panacea.video, you represent and warrant that you are at least 14 years old.

Panacea Video Foundation reserves the right to immediately suspend or terminate your registration with panacea.video, without notice, upon any breach of this Agreement by you which is brought to Panacea's attention.

Your registration with panacea.video is for your sole, personal use. You may not authorize others to use your user identification and password, and you may not assign or otherwise transfer your account to any other person or entity.

Online Conduct

You are solely responsible for all content or information you publish or display (hereinafter, "post") on this Website. In using this Website, you expressly agree that:

  1. You will NOT post any false, misleading, inaccurate, or fraudulent information;
  2. You will NOT post more than one report regarding the same person/business that relates to the same issue-any new or additional information that you have shall be filed as an update or rebuttal/comment to the report;
  3. You will NOT post any defamatory or illegal material or any material that infringes or violates another party's intellectual property rights;
  4. You will NOT post with the sole intention to harass or bully any particular individual, including, but not limited to content that may be perceived as cyberharassment, cyberstalking, cyberbullying or an unclassified form of a "revenge post";
  5. You will use panacea.video in a manner consistent with any and all applicable laws and regulations;
  6. You have the right to submit anything you post, and that you will NOT post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights except as otherwise permitted by law
  7. You will NOT post any report or comment that contains information that may be perceived by us as any one of the following:
    • Profanity (i.e. strong or vulgar language or content);
    • Obscenities;
    • Hate speech or the like;
    • Obvious instances of pure harassment or bullying;
    • Threats of physical violence or damage to property;
    • Images or information relating to minor children (e.g., pictures that contain images of minor children should be modified to exclude the child/children prior to uploading to the website);
    • Private personal information including, but not limited to:
      • National identification numbers (e.g. U.S. Social Security Number);
      • Credit card numbers or related information;
      • Bank account numbers;
      • Account passwords;
      • Full birthdates (e.g. MM/DD/YYYY);
      • Home addresses of individuals unless the home is used for business purposes;
      • Images of child/obscene pornography;
      • Images that contain signatures (e.g., signatures on letters or contracts should be modified to exclude the signature prior to uploading to the website);
  8. You will NOT post unsubstantiated allegations of serious criminal acts (posts with such content may be flagged for additional review/information, without notice, and be the cause of delay in posting or the posting being rejected altogether); and
  9. You will NOT take any action or assist, encourage, induce, or request that anyone else take any action which may impair or negatively affect the visibility or ranking of this Website in search engines such as Google, Bing, Yahoo! or the like.
While we do not and cannot conduct an in-depth detailed review every message posted by users of this Website, we reserve the right, at our sole discretion, and without notice, to reject entire posts or comments submitted by users of this Website for failure to conform to any of the terms of this Agreement.

Online Content

Opinions, advice, statements, offers, comments, posts or other information or content made available through panacea.video are those of their respective authors and not of Panacea, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content.

WE TAKE NO RESPONSIBILITY FOR, WE DO NOT EXPRESSLY OR IMPLICITLY ENDORSE, AND WE DO NOT ASSUME ANY LIABILITY FOR ANY OPINIONS, ADVICE, STATEMENTS, OFFERS, COMMENTS, POSTS OR OTHER INFORMATION OR CONTENT SUBMITTED BY YOU OR ANY OTHER USER TO PANACEA.VIDEO OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THIS WEBSITE.

PROHIBITED ACTIVITIES

The information on this Website, as well as the software, code, and technological infrastructure used to provide information and services offered through this Website, is proprietary to Panacea. In using this Website, you expressly agree not to:
  1. access, monitor, modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell or re-sell any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission of Panacea Video Foundation;
  2. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  3. take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on the Website's infrastructure;
  4. deep-link to any portion of this Website for any purpose;
  5. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you make to the Website;
  6. use this Website in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  7. attempt to gain unauthorized access to this Website, any related web site, other accounts, computer system, or networks connected to this Website, through hacking, password mining, or any other means; or
  8. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website, including harvesting or otherwise collecting information about others, such as email addresses, passwords, home addresses, and other identifying information.

REMOVAL OF INFORMATION AT USER'S REQUEST

panace.video is a permanent record of disputes, including disputes which have been fully resolved. In order to maintain a complete record, information posted on panacea.video, subject to the terms outlined herein, will not be removed. By posting information on panacea.video, you understand and agree that the material you post will become part of panacea.video's permanent record and will NOT be removed even at your request.

PROPRIETARY RIGHTS/GRANT OF EXCLUSIVE RIGHTS

panacea.video contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "Panacea content." Panacea content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.

We grant you the right to access the Panacea content in the manner described in this Agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Panacea content, except as permitted by the doctrine of fair use or as authorized in writing by us. By posting information or content to Panacea.video ("user content"), you automatically grant, and you represent and warrant that you have the right to grant, to Panacea an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing. You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

DISCLOSURE OF INFORMATION SUPPLIED BY YOU

Except as provided otherwise our Privacy Policy, or the terms stated herein, Panacea will keep confidential all information supplied by you to Panacea, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

From time to time, we may receive subpoenas seeking the identity of an panacea.video user. Upon receiving notice of such a subpoena, we may object to the disclosure unless and/or until a court determines that the applicable legal standards for such subpoenas have been met. In the event we do not object to the disclosure, we may forward a copy of the subpoena to you at the email address you provided in your account registration so that you may take action on your own behalf. In the event you fail to respond to our e-mail and/or you otherwise fail to timely object to the subpoena or make other arrangements with the requesting party, we may, without notice, comply with the subpoena which may disclose your identity without incurring any liability to you.

Although, you are legally entitled to publish your comments anonymously, at our discretion the personally identifying information of any user who is found to have posted numerous complaints about the same company and/or individual using different pseudonyms (be it through the same account or multiple accounts) or has made a post that is perceived by us to be acting with malice intent by posting in violation of the terms set forth herein, may lose the confidential protections afforded by this section.

In its sole discretion, Panacea may also disclose your identity to any federal, state, or local law enforcement agency (including federal and state attorneys general) for the limited purpose of allowing such agencies to contact potential victims of consumer fraud and/or investigate other unlawful acts.

You further agree to release and hold Panacea and its owners, officers, and employees harmless from any claims that Panacea disclosed your identity pursuant to these Terms and Conditions.

DISCLAIMER; LIMITATION ON LIABILITY; INDEMNIFICATION

Disclaimer of Warranties.
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, PANACEA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, SUITABILITY FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. PANACEA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. PANACEA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitation on Liability.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PANACEA, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE WEBSITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, FOR, AMONG OTHER THINGS AND WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS WEBSITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, ANY DELAY OR INABILITY TO USE THE WEBSITE, OR ANY CONTENT, OPINIONS, INFORMATION, PRODUCTS, OR SERVICES POSTED ON OR OBTAINED THROUGH THE WEBSITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Indemnification.
You agree to indemnify and hold harmless Panacea and the Covered Parties against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (attorney's fees, accounting or otherwise) arising out of, resulting from or based upon:
  1. Your breach of this Agreement
  2. Your violation of any law or the rights of a third-party; or
  3. Your use of this Website in violation of this Agreement.

LINKS TO OTHER WEBSITES AND SERVICES

To the extent this Website contains links to outside services and resources, or to the extent that third-party websites link to this Website, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Panacea does not monitor or control the linked websites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products or services available at these third-party websites. If you choose to access any third-party website, you do so at your own risk. The presence of a link to a third-party website does not constitute or imply Panacea's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party website.

MODIFICATION/TERMINATION OF USAGE

We reserve the right, in our sole discretion, to modify, amend, suspend, or terminate this Website and/or any portion thereof, including any service or product available through the Website and/or your profile, account password, or use of the Website, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we shall not be liable to you or any third-party for any termination of your access to this Website.

CLAIMS OF COPYRIGHT INFRINGEMENT/DMCA

We comply with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA") and we will terminate the privileges of any user who uses this Website to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to panacea.video, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties.

If you believe that your copyright has been infringed through the use of panacea.video, please contact our Legal Department by e-mailing legal@panacea.video or mail at:

Panacea Video Foundation Attn: Copyright Removal Request. 246B Livingston St, Northvale, NJ 07647

At a minimum, any DMCA removal request is required to include at least the following things:

  1. Your name, address, telephone number, and e-mail address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or web address where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  6. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney's fees incurred as a result; 17 U.S.C. §512(f).

TRADEMARK NOTICE

Product and company names identified on this Website may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Panacea or a third-party. The use on this Website of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Website, should not be construed as an endorsement or sponsorship of this Website by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Website.

ACCOUNTS; SECURITY; PASSWORDS

You may register to utilize this Website by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

PRIVACY POLICY

We value your privacy. By using this Website, you confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to our use of your personal information in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, we make no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

GENERAL TERMS AND CONDITIONS

This Agreement is the entire agreement between you and us concerning your use of this Website. It supersedes all prior or contemporaneous agreements between you and us. We reserve the right, in our sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Website. We recommend that you review these Terms and Conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Website. Your continued use of this Website will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Website, which will be adequately brought to your attention.

In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

If we do not enforce any right or provision in this Agreement, that is not to be deemed a waiver of our right to do so in the future.

To the extent permitted by applicable law, the internal laws of the State of Delaware shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts of Delaware in all questions and controversies arising out of your use of this Website and this Agreement.

To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Website and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.

COMPANY INFORMATION

Panacea Video Foundation is a Delaware Non-Profit Corporation. The registered address of Panacea Video Foundation is 246B Livingston St, Northvale NJ, 07647

CONTACT US
Questions? Please contact us:info@panacea.video
This Agreement is effective as of June 1, 2018.