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User Agreement

Pac.foundation

07/07//2020

pac.foundation, provides it’s platform and information as a public service under section 230 Of the Communications Decency Act (CDA) stating "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230).

The protected intermediaries includes interactive computer service providers that publish third-party content which is pac.foundations & it’s platform’s core mode. CDA 230 creates a broad protection that has allowed innovation and free speech online to flourish.

  1. This User Agreement governs your relationship with pac.foundation and your use of and access to all services and products provided by pac.foundation (collectively, PAC Products). You agree that by accessing or using any part of PAC Products you are bound by the terms of this User Agreement (the Terms), including the applicable Privacy Policy and Community Guidelines incorporated herein.
  2. You may not use PAC Products unless all of the following apply to you, and you affirm that all of the following apply to you:
    1. You are at least 13 years old;
    2. You are either an adult over the age of 18 years old, an emancipated minor, or you have express permission from your parent or legal guardian to use PAC Products;
    3. You are legally allowed to use PAC Products where you live;
    4. You are not using PAC Products or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have authority to bind that entity to these Terms;
    5. You have not been banned by pac.foundation from using PAC Products.
  3. The pac.foundation Privacy Policy describes what pac.foundation can do with information about you received by pac.foundation when you use PAC Products. You agree to the terms of the Privacy Policy, including the transfer of information to other countries for storage, processing, and use.
  4. Any content that you post to PAC Products must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to PAC Products satisfies this criteria:
    1. You have the legal right to post the content to PAC Products.
    2. The content and the purpose for posting it complies with all laws, rules, and regulations that may apply.
    3. The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
    4. The content does not include non-public personal private information belonging to someone else, such as another person’s birthdate, home address, or telephone number.
    5. The content complies with the pac.foundation Community Guidelines. You are responsible for your use of PAC Products and for any content that you post. pac.foundation does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy, or reliability of any of the content posted through PAC Products, nor does pac.foundation endorse any opinions expressed through PAC Products. All content is the sole responsibility of the person who originated the content, and pac.foundation does not take responsibility for such content.
  5. You grant to pac.foundation a license to any content posted by you to PAC Products, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that pac.foundation or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you. You warrant that you have all rights necessary to grant these rights to pac.foundation and pac.foundation users. You also grant a limited non-exclusive, royalty-free license to any user of PAC Products to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute any content posted by you to PAC Products solely in connection with that users use of PAC Products. The licenses granted by you hereunder do not include any moral rights or right of attribution.
  6. You may not interfere with PAC Products in any way, such as by accessing PAC Products through automated means in a manner that puts excessive demand on PAC Products; by hacking PAC Products; by accessing without authorization areas of PAC Products that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of PAC Products; by impersonating pac.foundation or PAC Products; by accessing PAC Products for any purpose that competes with the interests of pac.foundation; by spamming the users of PAC Products; by failing to respond to operational communications or requests from pac.foundation; or through any other type of interference with PAC Products or pac.foundation’s relationships with others.
  7. pac.foundation may remove any content and terminate your access to PAC Products at any time and for any reason to the extent pac.foundation reasonably believes (a) you have violated these Terms or pac.foundation’s Community Guidelines, (b) you create risk or possible legal exposure for pac.foundation, or (c) you are otherwise engaging in unlawful conduct—although pac.foundation endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by pac.foundation to you to use PAC Products or submit content to PAC Products, or the fact that pac.foundation may receive a benefit from your use of PAC Products or provision of content to PAC Products, will not obligate pac.foundation to maintain any content or maintain your access to PAC Products. pac.foundation will have no liability to you for removing any content, for terminating your access to PAC Products, or for modifying or terminating PAC Products.
  8. PAC Products are provided to you as-is and at your own risk. PAC Products come with no express or implied warranties, except those that cannot be disclaimed under the law. 4 pac.foundation DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. pac.foundation makes no representation or endorsement about the function of PAC Products or any content available through PAC Products. pac.foundation has no responsibility or liability to you arising from your use of PAC Products. pac.foundation has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although pac.foundation may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. pac.foundation has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, pac.foundation WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) PAC Products; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM PAC Products; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH PAC Products. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF pac.foundation ARISING OUT OF OR RELATING TO THESE TERMS OR PAC Products EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE AMOUNT YOU PAID pac.foundation, IF ANY, IN THE PAST SIX MONTHS FOR PAC Products GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT pac.foundation HAS BEEN INFORMED OF THE POSSIBLITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. 5
  9. Applicable law and jurisdiction. The laws of Singapore, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and pac.foundation. All disputes related to these Terms or PAC Products will be brought solely in the state or federal courts located in Singapore, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
  10. You affirm that you are competent to agree to be bound by this User Agreement, meaning that you are over the age of 18, an emancipated minor, or have legal parental or guardian consent.
  11. pac.foundation cannot waive any right to enforce this User Agreement, unless it does so expressly in writing. No waiver of any part of this User Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of his User Agreement will be deemed a waiver of any kind.
  12. pac.foundation may modify the Terms of this User Agreement in any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use PAC Products after any such modification. As a matter of courtesy, pac.foundation endeavors to inform its users of any such changes. These Terms supersede all prior agreements between you and pac.foundation pertaining to PAC Products. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by pac.foundation or anyone associated with pac.foundation, whether verbal or written, can modify or supplement the Terms of this User Agreement unless the modification or supplement is stated expressly in writing by referring to this User Agreement. If any of the Terms in the User Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.