Age Restriction. You must be 13 years old or older to use our services. You must be 18 years old or older to register with our Site.
Registration Information. When you register to use our Site, you must provide complete and accurate information. You agree to maintain your information and update it as appropriate.
Passwords. You will choose a unique password when you register to use our Site. You may not use any other person's password. You are responsible for maintaining the confidentiality of your password and may not allow any other person to access the Site using your password. You must notify us immediately if you become aware of any unauthorized use of your password.
Creating or Modifying a Passare Site
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion);
- may harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- includes forged headers or otherwise manipulates identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Site;
- is not your own, or that you do not have a right to upload, post, e-mail, or otherwise transmit (such as insider information, proprietary and confidential information learned or disclosed as part of employment or confidential relationships);
- infringes upon any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity;
- includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violated any applicable local, state, national, or international law;
- "stalks" or otherwise harasses another user or employee of our Site; or
- solicits, collects, or posts personal data or attempts to solicit, collect, or post personal data about other users of our Site, including user names or passwords; or access or attempt to access another user's account without his or her consent.
By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you (i) agree that such User Content will not be considered or treated as confidential, other than as pursuant to the levels of access designated for the Site(s) to which you post such User Content; (ii) acknowledge and understand others may see, read, use or re-transmit such User Content, pursuant to the levels of access designated for the Site(s) to which you post such User Content; (iii) explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iv) agree that Passare is thereby granted a royalty-free, perpetual, irrevocable, unrestricted, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content via the Site in any media or medium, or any form, format, or forum now known or hereafter developed, pursuant to the privacy restrictions designated for such User Content.
Monitoring or Removal of Submissions:
Passare reserves the right to monitor all User Content and to remove any User Content for any reason, in its sole discretion.
Content and Copyright, Trademark, and Related Issues
Passare will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
Linking / Third Party Links on Our Site
Limitation of Liability
The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Passare shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000.00, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of San Francisco, State of California, to adjudicate and resolve any dispute with Passare, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
Passare respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Passare's Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is Passare's policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide Passare's Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Passare's registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:
Vice President, Marketing
One Sansome, Suite 1500
San Francisco CA 94104
To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
(b) Identification of the copyrighted material claimed to have been infringed.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.
(d) Information reasonably sufficient to permit Passare to locate the material that is claimed to be infringing or to be the subject of infringing activity.
(e) Information reasonably sufficient to permit Passare to contact you, such as a physical address, email address, and telephone number.
(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you elect to send us a Counter-Notification, please send an email or letter to Passare's registered Copyright Agent at the email or mailing address below:
Vice President, Marketing
One Sansome, Suite 1500
San Francisco CA 94104
To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
(a) Physical or electronic signature of the user or a person authorized to act on behalf of the user.
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Alameda, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE WHEN YOU FIRST ACCEPT THESE TERMS (the "Opt Out Deadline"). You may opt out of these arbitration procedures by calling 1-(415) 823-7947 or emailing [email protected] to request the opt out form. Any opt out received after the Opt Out Deadline will not be valid and you must pursue any claim in arbitration.
Notice of Disputes
Class Action Waiver
YOU AND PASSARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Passare agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
Jury Trial Waiver
If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.