- DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS.
HandiPandi provides high-quality, high-value information to special-interest enthusiasts as well as venues for a healthy and open exchange of information, opinions, and comments for all participants, in addition to print and online publications and products (the “Services”).
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below (collectively, the “Agreement”). Therefore, by accessing or using any of the Services or the Sites, you accept and agree to the Agreement. If you do not agree with the Agreement, you may not use any of the Services or the Sites.
Registration may be required to use or access certain Services, and/or certain features offered on the Sites. When registering an account for the Services or the Sites (“Account”), you must create a screen name and a password and provide only true, accurate, current, and complete information requested by the registration form (the “Registration Data”), and promptly update the Registration Data thereafter as necessary. You can update your Registration Data by logging into your account and modifying your Registration Data.
By registering an Account, you:
- Represent that you are not barred from using the Services or the Sites under any applicable law and that you will be responsible for all activities that occur under your Account.
- Agree to monitor your Account to restrict its use by unauthorized users and agree not to share your Account or password with anyone.
- Agree to immediately notify HandiPandi of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. In the event of a breach of security not caused by HandiPandi’s negligent or willful actions, HandiPandi will not be liable for any unauthorized use of your membership until you update your Registration Data.
- Agree to not create an Account or screen name using a false identity or alias, use a screen name in which someone else has rights without authorization, or use a screen name that HandiPandi deems offensive.
- Acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of HandiPandi.
HandiPandi reserves the right to remove or reclaim any screen names at any time and for any reason. Failure to comply with this provision may, at HandiPandi’s option, result in immediate suspension or termination of your Account or your right to use or access Fee-Based Services.
- PAYMENTS AND CANCELLATIONS.
You agree that you are financially responsible for your Fee-Based Services, and to the extent applicable, you agree to pay all fees or charges for your Fee-Based Services in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide HandiPandi with valid payment information in connection with your Fee-Based Services. By providing HandiPandi with your payment information, you agree that (i) HandiPandi is authorized to charge you for all fees due and payable to HandiPandi under your Account, and (ii) HandiPandi is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). You further agree to immediately notify HandiPandi of any change in your payment information. In the event HandiPandi cannot charge your payment method, we will give you notice that your payment method is expired or otherwise not accepting the charge and ask that you update your payment information. If you do not provide us with a valid payment method, we reserve the right to suspend or terminate your access to the Fee-Based Services.
Changes to Pricing. HandiPandi reserves the right at any time to change its prices and billing methods, with advance notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling the Fee-Based Services prior to the price change going into effect.
Automatic Renewal and Cancellation. If you purchased a Fee Based Service that is subject to automatic renewal (“Auto-Renewal Service”), your Auto-Renewal Service will automatically renew for the term length you chose and we will automatically bill your payment method before the start of each new term until you cancel your Auto-Renewal Service or we terminate it. If you cancel your Auto-Renewal Service that renews on an annual basis, HandiPandi will refund the remainder of your paid annual fee on a pro-rata basis, which will cover the unused months of your Auto-Renewal Service. If you cancel your Auto-Renewal Service that renews on a monthly basis, no new charges will be made. HandiPandi does not refund for partial months.
- USING THE SERVICES.
The Services, the Sites, and their respective content, including without limitation text, images, audio and video clips, software, and databases (collectively, “Content”) are the property of HandiPandi. HandiPandi grants you limited, non-exclusive, non-transferable, revocable permission to make personal, non-commercial use of the Content and Discussions, provided that you comply fully with this Agreement. HandiPandi retains all right, title, and interest in and to the Content. You promise and agree that you are using the Content and the Discussions for your own personal, non-commercial use and that you will not transmit, transfer, or otherwise distribute any of the Content or Discussions. You further agree to not post, transmit, or otherwise distribute to the Sites (including without limitation any Forum) any material containing any solicitation of funds, advertising, or solicitation for goods or services. We encourage you to report any apparent violation to us.
You further agree to not interrupt, or attempt to interrupt, the operation of the Sites in any way.
HandiPandi reserves the right to terminate or suspend your use of any of the Sites or Services with or without cause at any time.
- COPYRIGHT AND TRADEMARKS.
The Content is protected by the copyright and trademark laws by countries, international conventions, and other applicable laws.
You are responsible for ensuring that any material you post on a discussion forum — including but not limited to text, photographs, and sound — does not violate the copyright or any other personal or proprietary rights of any third party or is not posted without the permission of the owner(s) of such rights. The Sites and Services contain copyrighted and other proprietary information. You may not in any way use the Content from the Sites or Services for commercial or other unauthorized purposes, nor may you re-publish, re-transmit, distribute, or otherwise use material obtained through the Sites and Services, except as permitted by HandiPandi, by the U.S. Copyright Act or other law. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Sites, Services, or any portion thereof for any public or commercial use without the prior written permission of HandiPandi.
You agree to not use any trademarks, service marks, logos, or other identifiers of HandiPandi without HandiPandi’s prior written permission.
- USER CONTENT AND CONDUCT.
The following terms apply to content submitted by users and user conduct on the Sites and Services.
6.1 Discussions. HandiPandi may make available to users of the Sites email notices, newsletters, forums, message boards, bulletin board services, customer review services, or other interactive communication facilities or content by means of the Sites (collectively referred to herein as the “Discussions”) in which users may post or upload user-generated content, including, but not limited to, comments, photos, messages, or other materials (collectively, “User Content”). You are responsible for all the activity of your Account, whether by you or by any third party you’ve authorized to use your Account, including User Content posted through your Account.
6.3 Prohibited Materials and Activities. By using the Sites or submitting any User Content or participating in an interactive area within or in connection with the Sites, you agree to abide by the following rules of conduct:
- You agree to not disrupt or interfere with the Sites, or to alter or tamper with any information or materials on or associated with the Sites.
- You agree to use the Sites only for lawful purposes.
- You agree to not upload, post or otherwise transmit any User Content that:
- Is obscene, indecent, harassing, threatening, pornographic, profane, sexually explicit, libelous, abusive, bigoted or hateful.
- Constitutes SPAM or unauthorized advertising.
- Invades anyone’s privacy.
- Encourages conduct that would constitute a criminal offense.
- Otherwise violates any local, state, national or international law, rule, or regulation.
- Is for commercial purposes or otherwise advertises or solicits for the sale of goods or services.
- Constitutes or contains false or misleading indications of origin or statements of fact.
- Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party.
- Causes injury of any kind to any person or entity.
- Infringes or violates the intellectual property rights, contract rights, or any other rights of any third party.
- Contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Any conduct that in HandiPandi’s sole determination restricts or inhibits anyone else from using or enjoying the Sites will not be permitted. HandiPandi reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason.
6.4 Civility and Expression of Ideas. HandiPandi encourages forum dialogs that include a wide range of viewpoints — there’s a wealth of knowledge available from forum members. It’s just as important to consider that this is a community with many opinions and preferences, so if you do not agree with another user’s post, by all means debate, but do not attack. Personal attacks are prohibited and are justification for temporary suspension and/or termination of your Account.
6.5 Monitoring. HandiPandi has the right, but not the obligation, to monitor User Content posted or uploaded to the Sites. Although HandiPandi has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Sites, HandiPandi reserves the right, and has absolute discretion, to screen, edit, and refuse to post, or remove without notice any User Content posted or uploaded to the Sites at any time and for any reason. The decision by HandiPandi to monitor and/or modify User Content does not constitute and shall not be deemed to constitute any responsibility or liability in any manner on the part of HandiPandi in connection with or arising from use by you of the Discussions on the Sites.
6.6 User Content is not Endorsed or Verified by HandiPandi. HandiPandi does not necessarily endorse, support, sanction, verify, or agree with the comments, opinions, or statements posted in Discussions or otherwise contained in the Sites. Any information or materials placed on the Discussions or the Sites, including advice and opinions, are the views of those who post the statements, and do not necessarily represent the views of HandiPandi. Moreover, HandiPandi assumes no responsibility for the accuracy or contents of any material posted.
6.7 Public Communications. You acknowledge and agree that any User Content made to or by means of any portion of the Sites are public. You acknowledge that:
(a) you have no expectation of privacy in any public communication; and
(b) no confidential, fiduciary, contractually implied or other relationship is created between you and HandiPandi by reason of your transmitting a public communication to any area of the Sites.
- UNSOLICITED EMAIL.
You agree to not use the Discussions or any other area of the Sites to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service, which in any way involves the use of the Sites or any equipment owned or operated by HandiPandi in connection with the Sites. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
- LINKS TO THIRD PARTY SITES; THIRD PARTY SERVICES.
- AGE RESTRICTIONS.
In order to use or access the Services, the Sites, or the User Content, you must (1) be 18 years of age or older, or 13 years or older and have your parent or guardian’s consent to (a) the Terms and (b) your use of the Services, the Sites, or the User Content, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. If you do not meet these restrictions, you may not access or use the Services, the Sites, or the User Content.
You hereby agree to indemnify, defend, and hold harmless HandiPandi and its officers, shareholders, employees, agents, owners, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors (collectively, “Affiliates”) from and against any and all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Terms; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Sites or Services; and (4) your violation of any law or the rights of a third party.
- DISCLAIMER OF WARRANTY.
You expressly agree that use of the sites, services, and/or content is at your sole risk. neither handipandi nor its affiliates warrant that the content will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the sites, services, and/or content, or as to the accuracy or reliability of the sites, services, and/or content.
- LIMITATION OF LIABILITY.
To the fullest extent permissible by applicable law, in no event shall, be liable to you for: (1) any personal injury or death, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction; or (2) any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the content or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the content, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, material, or technology, pertaining to or on the sites. to the extent permitted by law, the total liability of handipandi for any claims related to the services, sites, content, and/or these terms, including for any implied warranties, is limited to actual damages resulting from handipandi’s intentional or negligent conduct.
you agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if handipandi or its affiliates have been advised of the possibility of such loss or damage. without limiting the generality of the foregoing, you also specifically acknowledge that handipandi is not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the sites or any other third parties. if applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. this limitation of liability provision applies to new jersey residents.
handipandi disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. by accessing the sites, you acknowledge and agree to handipandi’s disclaimer of any such liability. if you do not agree, you should not access or use the sites.
- LIMITATIONS PERIOD.
To the extent permitted by applicable law, any dispute, claim or controversy arising out of or relating in any way to the services, sites, content, these terms, or the relationship between us, must be commenced within one year of the relevant event. a dispute is commenced if it is filed in an arbitration or, if the dispute is non-arbitrable, a court with jurisdiction, during the one-year period. if you or we provide notice of a dispute under section 14 (arbitration agreement), the one-year period is tolled for 60 days following receipt of the notice of dispute. you and we each waive the right to pursue any dispute, claim or controversy that is not filed within one year and any right you or we may have had to pursue that dispute, claim or controversy in any forum is permanently barred.
- CHOICE OF LAW, MANDATORY ARBITRATION, AND VENUE.
Dispute Resolution and Arbitration. You and HandiPandi agree that any dispute, controversy, or claim between us arising out of or relating in any way to any of HandiPandi’s offerings, Services, Sites, Content, or software will be resolved by binding individual (not class) arbitration, rather than in court. The Federal Arbitration Act and Federal Arbitration Law shall apply to this Agreement.
You and HandiPandi further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would.
If either party files a court proceeding in violation of this provision, he/she/it agrees to be responsible to pay any costs and expenses, including reasonable attorney’s fees, that are incurred by the other party in enforcing these dispute resolution provisions.
THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF THE AGREEMENT.
In addition to any other rights of the parties set forth herein, either you or HandiPandi may terminate this Agreement at any time by cancelling your Account or Services, except that the Arbitration Agreement in Section 14 of this Agreement is severable from and shall survive termination. HandiPandi also reserves the right to restrict, suspend, or terminate your access to any of the Fee-Based Services in whole or in part, without notice, due to any breach or threatened breach by you of any portion of this Agreement.
16.1 To the Terms. HandiPandi may make changes to these Terms from time to time. You should look at these Terms regularly, which are posted on each of the Sites. If we make a material change to these Terms, we will notify you by posting a notice on each of the Sites. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
16.2 To the Sites. HandiPandi has the right to modify, suspend, or discontinue the Services and the Sites or any portion thereof at any time, including the availability of any area of the Sites, including without limitation the Fee-Based Services. HandiPandi may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability.
- ENTIRE AGREEMENT.
Other than as stated in this section or as explicitly agreed upon in writing between you and HandiPandi, the Agreement constitutes all the terms and conditions agreed upon between you and HandiPandi and supersedes any prior agreements in relation to the subject matter of the Agreement, whether written or oral.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.