Thank you for using Pancaik. Please read the following agreement (the “Terms”) which explain the policies and rules related to use of our site. By creating a Pancaik account on our website, You (“You” refers to you, the user, together with any business entity you are representing) are stating that You are at least 18 years old or a minor whose parent is allowing You to use our site. Furthermore, You agree with the following Terms of Pancaik and MeZine Inc. (the company that owns Pancaik).
In general, we do not screen or edit information transmitted or shared by users on Pancaik. However, we reserve the right to monitor your publicly available information and to investigate any public or private information that has been reported to us to be in violation of our Terms and/or is requested by law enforcement authorities. We reserve the right to make your public information private. For more serious infractions, we may remove any public or private information without notice, at our sole discretion. In these instances, You will be emailed an explanation as to why your content has been made private or been removed.
Public information refers to any information you post on Pancaikthat is available for anyone to view online. Private information refers to any information you post on Pancaik that is marked as private to yourself only or a group of Pancaik Users.
As a member of Pancaik, you agree to:
You agree not to do any of the following in connection with our Services:
Your relationship with your end users, "End Users" in this Agreement referring to any user who visits your content delivered from Pancaik services, is independent from Pancaik. We will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
Either you or Pancaik may cancel your account at any time. You agree that cancellation of your account is your sole right and remedy with respect to any dispute with Pancaik. You also agree that Pancaik may close your account and prevent you from using our services for violating any of our Terms of Service, or for any other reason, at any time, at Pancaik’s sole discretion, without prior notice to you. In most instances, however, Pancaik will review content and if it is found to be in violation of any of our Terms, you will be given a warning and possibly the offending content may be forced to become private. If the site continues to violate our terms, the offending content and/or your Pancaik will be deleted.
All data and content that You have posted on Pancaik will remain in Your account until the account is closed. It will also remain the intellectual property right of You. None of the data will be shared with a third-party unless otherwise allowed by You or required by the law or court order.
Pancaik will take industry-standard precautions to maintain and back-up your data on a periodic basis. We will reserve the right to interrupt service from time to time for maintenance and updates to our website no more than five (5) percent of the year. These service interruptions do not include power outages, service loss due to a third party or reasons listed in Section 6 Force Majeure.
Pancaik shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond our reasonable control. This includes fire, flood, earthquakes, strikes or other industrial disturbances, accidents, transmission difficulties due to a third party, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.MEZINE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEZINE INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEZINE INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
IN NO EVENT SHALL MEZINE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IFMEZINE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEZINE INC.’S AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO MEZINE INC. UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither MEZINE INC. nor its suppliers is responsible for any of your data residing on our service. You are responsible for backing-up your data and information that may reside on our service, whether or not such information is produced through the use of the service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
These Terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in British Columbia and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
You agree that any dispute or claim arising out of or related to the Service or this Agreement shall be finally settled by binding arbitration in Vancouver, British Columbia. The appointing authority will be the British Columbia International Commercial Arbitration Centre in accordance with its rules. The proceedings shall be conducted and all evidence shall be offered in the English language. You agree that any claim against MeZine Inc. must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, such decision will not invalidate the Agreement as a whole. Only that portion that is unlawful, void, or unenforceable will be stricken from this Agreement.
By using the services of Pancaik, you acknowledge that you have read and have accepted these terms and conditions. You should also periodically review these Terms for changes. Your continued use of our services after a change confirms your agreement to the updated Terms.
You may contact MeZine Inc. by email at tos@mezine.com or via mail at Unit 8350, 200-375 Water St., Vancouver, BC, V6B 0M9, Canada.