Panther911 Use & Access Agreement 1 ACCEPTANCE OF TERMS – GENERAL
1.1 The use of Panther911 Website is subject to the terms and conditions (“T&C”) provided herein. By accessing and using Panther911 Website you agree to be bound by this T&C and any modifications and amendments, which may be posted by TM on Panther911 from time to time.
1.2 You agree that Panther911 may modify and amend this T&C at any time without notice. Unless explicitly stated otherwise, any new service introduced by Panther911, shall be subject to this T&C. All such notices are hereby incorporated by reference into the T&C. You are responsible for regularly reviewing TM’s T&C posted on TM Website. By continuing to use Panther911, you are deemed to have agreed to be bound by any modifications and amendments to this T&C.
1.3 You can access Panther911 Website home page and browse the Website without disclosing your personal data. The service and links of the Panther11 Website may include links to third party websites and are subject to Section 7 herein.
1.4 Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it’s use as set out in this T&C. By submitting your information you consent to these transfers.
1.5 “You” shall mean any user of Panther911 Website.
1.7 “Panther911 Service” shall mean the telecommunications and multimedia services and products provided and made available to you by Digistar Group.
2 USE AND SECURITY
2.1 Information on Panther911 Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Panther911 may also make improvements and/or changes to Panther911 Website and to the fees and rates for Panther 911 Services, at any time without notice.
2.2 Panther911 Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access Panther911 Website and assume all risk associated therewith.
2.3 Panther911 Website may not be available to be accessed from all regions and countries of the world. Panther911 reserves the right, in its sole discretion, to limit or terminate your ability to access Panther11 Website from certain regions or countries, and you assume all risk associated with the accessibility of Panther11 Service on Panther911 Website from any given region or country of the world.
2.4 Panther911 reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.
3 YOUR CONDUCT
3.1 You agree to use Panther911 Website only for lawful purposes and in accordance with this T&C.
3.2 You agree to notify Panther911 immediately of any unauthorised use or any other breach of security at the end of each session. Panther911 cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
3.3 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through Panther911 Service. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding online communication in the country in which you reside.
3.4 You may not use Panther911 Website in any manner that could damage, disable, overburden, or impair the Panther911 Website (or the network(s) connected to Panther91 Service) or interfere with any other party’s use and enjoyment of Panther911 Service. You may not attempt to gain unauthorised access to the Panther911 Website, computer systems or networks connected to Panther911 Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Panther911 Website.
4 TERMINATION/ACCESS RESTRICTION
4.1 Without limiting anything herein contained, Panther911 reserves the right to terminate Panther911 Website at any time without notice and for any reason.
4.2 In addition to any termination rights Panther911 may have under this T&C, panther911 may terminate your access to Panther911 Website without notice and in its own discretion in the occurrence of the following: • You materially violate this T&C or any notice posted from time to time on the Panther911 Website, any applicable law, rule or regulation relating to the use of the Panther911. Any law, regulation, or governmental action renders all or any portion of the Panther911 Website (or your use of the Panther911 Service) unlawful or impracticable; or • Your use of TM Website impairs or threatens to impair the integrity or functionality of Panther911 network in any manner; or • If Panther911 believes that you have violated or acted inconsistently with the intention or spirit of this T&C. 4.3 You agree that Panther911 shall not be liable to you or any third-party for any termination of your access to the Panther911 Website or your Panther911 Account.
5 DISCLAIMER & LIMITATION OF LIABILITY
5.1 Panther911 makes no warranty that Panther911 Website will meet your requirement or that Panther911 Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through Panther911 Website are true, accurate, or are free of viruses or other harmful components.
5.2 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to Panther911 Website for the reconstruction of any lost data. All use of Panther911 Website is at your own risk and you are solely responsible for all damages resulting therefrom.
5.3 Panther911 Website is not intended for “mission critical” circumstances and is provided on an “as is,” where is” and “as available” basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
5.4 To the maximum extent permitted by applicable law, Panther911 disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to Panther911 Website and transactions performed through the service or on the Internet generally. TM makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
5.5 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to negligence, shall Panther911 be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Panther911 has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use Panther911 Website, any changes to TM Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through Panther911 Website or arising in connection with the fraudulent or unlawful acts of any third party.
5.6 You specifically agree that Panther911 is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
5.7 If you are dissatisfied with Panther911 Website, the materials available on or through the TM Service, Website or with the provisions of this T&C, you agree that your sole and exclusive remedy is to discontinue using Panther911 Website or any of Panther911 other products and services. 5.8 Panther911 will take reasonable measures to maintain the privacy and security of all private information provided by you to Panther911 Website, but third parties (such as hackers) may breach or attempt to breach Panther911 security measures or may gain unauthorized access to Panther911 database or other equipment containing your information. You agree that Panther911 shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of Panther911 Website or any other company equipment or user information.
6.1 You agree to indemnify, defend and hold Panther911, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to Panther911 Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of this T&C or asserted by any third party due to or arising out of your use of or conduct on Panther911 Website.
7 LINKS TO THIRD PARTY SITES
7.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Panther911 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Panther911 has no responsibility or liability for any merchant or your relationship with such merchant.
8 DISCLOSURE AND CONFIDENTIALITY
8.1 Panther911 reserves the right to disclose any personal information about you or your usage of the Panther911 Service without your prior permission if Panther911 in good faith, believes that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of Panther911 or its holding or affiliated company;
(3) enforce this T&C; or
(4) act to protect the interests of its members or others.
8.2 Any non-personal information or material sent to Panther911 by you will generally NOT be treated as confidential.
9 PROPRIETORY RIGHTS COPYRIGHT
9.1 Panther911 Website, all images, text, graphics, logos, sound, programs and any other material (“Content”) found on Panther911 Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of Panther911 Website and Content found on Panther911 Website is strictly prohibited, without Panther911 express and prior written consent. Any reproduction or redistribution of Panther911 Service, and Content found on Panther911 Website, not in accordance with the T&C herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
9.2 Elements of Panther911 Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part. 9.3 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by Panther911.