Terms of Service

By signing up to any of the services of Seller Panda (“Services”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. Seller Panda reserves the right to update and change the Terms of Service by posting updates and changes to the Seller Panda website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Seller Panda’s Privacy Policy before you may become a Seller Panda user.

Please read the “Terms of Service” for the complete picture of your legal requirements. By using Seller Panda or any of Seller panda’s services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. You must provide your full legal name,  a valid email address, and any other information needed in order to complete the signup process.
  3. You acknowledge that Seller Panda will use the email address you provide as the primary method for communication.
  4. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded in Seller Panda’s services. You must not transmit any worms or viruses or any code of a destructive nature.
  5. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Seller Panda will result in an immediate termination of your services.

2. Account Activation

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

 

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a account holder at Seller Panda.

  1. Technical support is only available via email.
  2. You may not use the Seller Panda service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Seller Panda.
  4. Questions about the Terms of Service should be sent to support@sellerpanda.com.
  5. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Seller Panda, is governed by its privacy policy at http://www.sellerpanda.com/privacy-policy.

4. Seller Panda Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove account content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Seller Panda employee will result in immediate account termination.
  5. Seller Panda does not pre-screen account content and it is in their sole discretion to refuse or remove any content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Seller Panda employees and contractors may also be Seller Panda customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

5. Limitation of Liability

  1. You expressly understand and agree that Seller Panda shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Seller Panda or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence).
  3. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  4. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  5. Seller Panda does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  6. Seller Panda does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  7. Seller Panda does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. Waiver and Complete Agreement

The failure of Seller Panda to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Seller Panda and govern your use of the Service, superseding any prior agreements between you and Seller Panda (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Seller Panda service. All material you upload remains yours. You can cancel your Seller Panda Services at any time. This will also remove all content you have stored on the Service.
  2. By uploading content, you agree: (a) to allow other internet users to view your content; (b) to allow Seller Panda to display and store your content; and (c) that Seller Panda can, at any time, review all the content submitted by you to its Service.
  3. You are responsible for compliance of content with any applicable laws or regulations.
  4. You retain ownership over all content that you submit to in your Seller Panda service.
  5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

8. Payment

  1. Subscribing to a trial for a Seller Panda service gives you access to the subscription benefits for that service for free for the duration specified. At the end of the trial period, you will be charged the subscription fee for the serviceand will continue to be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges.
  2. The service will be billed in 30 day intervals. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. Seller panda does not provide refunds.

11. Cancellation and Termination

  1. You may cancel your account at anytime by emailing support@sellerpanda.com and then following the specific instructions indicated to you in Seller Panda’s response.
  2. Once cancellation is confirmed, all of your stored content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  4. We reserve the right to modify or terminate the Seller Panda service for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, Seller Panda may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

12. Copyright Infringement

Seller Panda fully respects the intellectual property of others and follows all guidelines provided by US copyright law. If you came across a case of copyright infringement please report the infringement by e-mail to: support@sellerpanda.com. Your report should include:

  1. Detailed description of the copyrighted work that you claim to have been infringed upon.
  2. Detailed description of regarding the placement of the copyright work.
  3. Your contact information.
  4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you, made under penalty of perjury, that your statement is accurate and that you are: (a) the copyright owner or (b) authorized to act on the copyright owner’s behalf.
  6. Your electronic or physical signature.

Questions

Any questions about our Terms of Service should be addressed to support@sellerpanda.com

Last updated: 3/9/2015