NewPanda Terms of Use

 

IMPORTANT - READ CAREFULLY: These "Terms of Use" constitute a legal agreement between you and Global Relations Group, LLC dba NewPanda, a Kentucky limited liability company ("NewPanda," "we," or "us"). By using NewPanda, you ("you" or "user"), are agreeing to the following terms of use, and, as such, we recommend familiarizing yourself with them.

 

The NewPanda services are provided subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by NewPanda. We currently offers services to users who agree to abide by (i) the terms of use of this Agreement; (ii) the Anti-Spam & Privacy policy, and (iii) all other guidelines posted on the NewPanda sites. NewPanda reserves the right to revise the terms of this relationship at any time without notice to you. In addition, when using particular services of NewPanda, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by NewPanda from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their NewPanda account ("Account") cancelled and they may permanently be banned from using NewPanda. ENTERING a page of the NewPanda application(s) WILL CONSTITUTE ACCEPTANCE OF THE TERMS OF USE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ANY APPLICATION SITES OF NewPanda or its affiliated SITES.

 

Conditions of Service:

  1. DESCRIPTION OF SERVICE

NewPanda provides businesses and organizations worldwide with access to create, maintain and send multi-channel messaging such as ("Email Marketing"), ("SMS Marketing"), (“Social Media Marketing”), ("Website Marketing"), ("Survey Marketing"), ("Event Marketing") and related online communication tools to create, manage and launch online campaigns. NewPanda’s Services may not be used for sending unsolicited email or SMS messages, hence, without prior consent of the recipient. NewPanda users must provide proof of list collection practices when requested by NewPanda staff. NewPanda is a permission-based online marketing service with no-tolerance policy for sending unsolicited messages. See our Anti-Spam Policy, for more information.

  1. YOUR OBLIGATION

Please read these terms of use of use carefully. These terms of use may have changed since your last visit to this website. By using this website, you indicate your acceptance of these terms of use:

    1. You unconditionally agree to the following terms (which may be occasionally
      updated or changed without notice to you).
    2. You unconditionally agree to not upload or use third party mailing lists such as
      rented listed, purchased lists, or lists collected using non-permission based methods.
      Hence, no unsolicited message is allowed to be sent using NewPanda.
    3. You agree that you are the sole or designated "sender" (as per terms of the CAN-SPAM 2003 Act) when using NewPanda.
    4. You agree that the "subject" line of all email messages sent using NewPanda must
      not be deceptive or misleading in nature and shall reflect the content of the body of your message.
    5. You Agree that the email "from" line shall reflect the true identity of the sender and shall not contain any deceptive or misleading information.
    6. You Agree to provide true, accurate, current and complete information about
      yourself as prompted by the Service's registration form and Settings pages (such information being the "Registration Data"). NewPanda is an online service provided through the Internet. You are responsible for obtaining access to NewPanda's services via a third party if necessary. You will be held responsible for any activities within your account.
    7. You Agree not to send unsolicited messages and forbidden content! This includes pornography, casino, junk mail, MLM type messages and any illegal type content. You are forbidden to use NewPanda to present, sell or offer to sell any content that is deemed pornographic, hateful, or illegal. NewPanda may only be used for lawful purposes.
    8. You Agree to use NewPanda to send to contact lists for which the recipients have opted-in to receive.
    9. You Agree that NewPanda may add a tag line, logo and service reference "Powered by NewPanda" at the end of the message.
    10. You acknowledge and agree that not all messages sent through use of NewPanda will be received by their intended recipients.
    11. You acknowledge and agree that campaign results will be stored on NewPanda servers for no more than 90 Days, after which they are subject to archiving.
    12. You Agree that every message sent by you, must contain "unsubscribe" options allowing the recipient to be removed from your list or lists. An unsubscribe link will be added to the footer of all emails you send. Mobile subscribers may text the word STOP to NewPanda’s Short Code to be unsubscribed from further SMS messages.
    13. You agree to comply with all applicable laws, statutes, and regulations.
    14. You agree not to create more than one account when using our service, unless authorized by a company representative. This helps NewPanda cut down on abusive accounts and eliminate multiple points of contacts for the same company.
    15. You Agree not to register under a false name or use an invalid or unauthorized credit card.
    16. You will not operate an account on behalf of, in connection with or resell any service to individuals and/or firms listed in the Spamhaus ‘Register of Known Spam Operations’ (ROSKO) database at http://www.spamhaus.org. If this occurs it will result in account termination and a fine.
    17. Suppression abuse will not be tolerated. Any misuse of an individual unsubscribe list, NewPanda's internal suppression list, or any other suppression file through the NewPanda Service will result in account termination and a fine of $100 per message sent to users on any suppression file.




  1. FEES & PAYMENTS

    You are solely responsible for all charges, fees, taxes arising out of any use of your account by you or anyone else using your account. NewPanda reserves the right to modify any fees, provided notice is given either by email or through the website.

    The following conditions apply:
    1. Once you have exceeded any free subscriber limit, trial or beta period, you will be subject to membership and/or subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information).
    2. Payment for Services will be made by a valid credit card accepted by NewPanda. Fees are payable in US dollars, unless otherwise stated. If the monthly payment option is selected, you hereby authorize NewPanda to charge your credit card for such amounts on a regular monthly basis. If NewPanda is for any reason unable to process automatic payment via your credit card, NewPanda will attempt to notify you via email and your NewPanda account will be "Suspended" until payment is received. Amounts paid for the Services are not refundable.
    3. Our charges for membership, monthly plans and services are posted on our Website and may be changed from time-to-time. If you are signing up for a monthly plan, payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the "Pay Date"). For any month for which you have already paid, for which you increase either your number of email addresses or the number of Emails you send out to an amount that causes you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month. If the Term ends before such payment is due, you will still be required to make one payment at the higher level.
    4. You agree not to apply for a chargeback to your credit card company, unless you contact the company representative first to resolve the dispute. A refund will be applied if you meet the terms of service and your request is legitimate request where a cause was determined that is satisfactory to NewPanda.
    5. You acknowledge and agree that you are responsible for paying Fees for all messages sent through NewPanda, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
    6. You may cancel your Subscription at any time within your online account.
      • All cancellations must be made through your account by clicking on the cancellation link on the "Settings" page. NewPanda will not accept any cancellation requests by email or over the phone.
    7. There are no refunds for any fees paid.
    8. If a mailing results in a blacklisting and non-repudiatable closed-loop opt-in proof of subscription cannot be provided to NewPanda, you will be billed a minimum of $50 cleanup charge per incident in addition to possible account cancellation.


  2. USER ACCOUNT, PASSWORD, AND SECURITY

    You will receive confirmation of your REGISTRATION upon completing the Service's SIGN-UP process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify NewPanda of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. NewPanda cannot and will not be liable for any loss or damage arising from your failure to comply with Section 2.
  3. OWNERSHIP, COPYRIGHT & TRADEMARK

    NewPanda does not claim ownership of Content you submit or make available for inclusion on the Service. This also means NewPanda claims no responsibility for any content (any information, including audio, video, text, email, or any material) that you upload, post, email, transmit or otherwise make available via the Service.

    NewPanda respects the intellectual property of others, and we ask our users to do the same. Any reproduction of the NewPanda name and branding without the explicit permission of NewPanda is strictly prohibited.

  4. MONITORING AND REPORTING

    At any time and without notification, NewPanda reserves the right to modify the service within the acceptable boundaries of the application description. You acknowledge that NewPanda may pre-screen all outgoing messages, and that NewPanda and its designees shall have the right (but not the obligation) in their sole discretion to refuse or disclose any broadcast. NewPanda is not responsible for the failure of other, third party networks and devices required to complete the technical processing and transmission of service.

    We reserve the right to monitor any activity and content associated with your use of our Site, our Software, or our Services. We may investigate any reported violation of our policies or complaints and take any action we deem appropriate, including issuing warnings, suspending or terminating the Services, denying access, and/or removal of any materials on the Site. We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. We also reserve the right to access and disclose any information relating to your use of our Site, our Software, or our Services, if we feel, in our sole discretion, that accessing or disclosing such information is necessary or appropriate in order to comply with any governmental request, protect our reputation, or to protect ourselves against potential liability. We reserve the right to remove, screen, or edit any content that violates these provisions or is otherwise objectionable to us in our absolute discretion.

  5. VIOLATION OF CONDITIONS OF SERVICE

    Failure to accept and comply with all Service Conditions will result in immediate termination from the NewPanda service, including forfeiture of pre-paid fees. Please report any violations of the Conditions of Service to the NewPanda Staff via
    http://help.newpanda.com.

  6. NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. If you represent an agency or would like to become a certified reseller, please contact us via http://help.newpanda.com.

  7. MODIFICATIONS TO SERVICE

    NewPanda reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NewPanda shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  8. TERMINATION OF SERVICE

    NewPanda reserves the right to terminate your service at any time, as a result of those actions deemed inconsistent with the spirit or nature of the Conditions of Service. This includes the forfeiture of any pre-paid services. NewPanda shall have no liability to you or any third party because of such termination or action.

  9. INDEMNIFICATION

    You hereby agree to defend, indemnify and hold harmless NewPanda and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any alleged breach of this Agreement, (b) arises from the content or effects of any messages you distribute using NewPanda or (c) arises from your activities or postings on the NewPanda blog, or affiliate sites and services, (d)otherwise arises from or relates to your use of NewPanda. In addition, you acknowledge and agree that NewPanda has the right to seek damages when you use NewPanda for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

  10. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWPANDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) NEWPANDA 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. (c) 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMS.AC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE