Terms and Conditions of Use
Welcome to Pasionae LLC’s Terms and Conditions of Use (these “Terms and Conditions”). These Terms and Conditions govern your use of the Pasionae website, which is available at www.pasionae.com (the “Site”). Your use of the Site in any form signifies your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not access or otherwise use the Site.
Pasionae LLC and its affiliates (collectively, “Pasionae”) reserve the right, in their sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted. You agree to review these Terms and Conditions periodically in order to be aware of any changes. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes
Provided that you comply fully with these Terms and Conditions, Pasionae grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only. You shall not interfere or attempt to interfere with the operation of this Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms and Conditions.
Intellectual Property Rights
Unless otherwise indicated, all material, content and information including, but not limited to, technical, contractual, product, program and marketing data, text, software, music, sound, photographs, graphics, video, messages, names, marks, brands, logos, designs, trade dress, slogans, and all other designations Pasionae uses in connection with its products and services (collectively, “Material”) on this Site shall be and remain the property of Pasionae or other respective owners that have granted Pasionae the right and license to use such intellectual property and is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws, as applicable. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Pasionae or other respective owners that have granted Pasionae the right and license to use such intellectual property and is protected by U.S. and international copyright laws. It is strictly prohibited to and you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Materials or this Site, in whole or in part, by any means. You further agree not remove or modify any copyright or trademark notice, or other notice of ownership.
You shall indemnify, defend and hold harmless Pasionae, its affiliates, and their respective officers, directors, owners, agents, employees, content providers, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’s fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use or misuse of the Site or your violation of any provision of these Terms and Conditions. Pasionae reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pasionae.
Rights to Material Provided by Users
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site, you grant to Pasionae a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or materials contained in such Communications, in all media now known or hereafter developed and warrant that such information is not owned by a third party and that you have all rights necessary to grant such license to Pasionae. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Pasionae of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Pasionae for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Pasionae is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
Registration, Accounts and Passwords
If you register and create an account on the Site you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers.
You agree to notify Pasionae of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. Pasionae shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions.
Content Provided Via Links
You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Pasionae is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Pasionae will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
THIS SITE AND ITS MATERIAL ARE PROVIDED “AS IS” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NONE OF PASIONAE, ITS MEMBERS, EMPLOYEES SUPPLIERS OR OTHER AGENTS WARRANT OR GUARANTEE THAT THE MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (INCLUDING, BUT NOT LIMITED TO, WORMS, TROJAN HORSES, OR CANCELBOTS). YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND PASIONAE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL PASIONAE OR ITS MEMBERS, AFFILIATES, LICENSEES OR ANY PARTY INVOLVED IN CREATING, OPERATING, PRODUCING, TRANSMITTING OR DELIVERING THIS SITE OR ITS PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF USE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES OF PASIONAE.
Pasionae makes no representation or warranty that this Site and its Material, including copyrights, trademarks, patents, and licensing arrangements are appropriate or available for use in locations outside the United States of America. Accessing this Site or the Material from territories in which this Site or the Material is illegal is prohibited. You agree that if you choose to access this Site or Material from any locations outside the United States of America, you do so on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Permission for Web Linking
To request permission to place a link on your website to enable users to click through from your website to www.pasionae.com, please send your name, address, website URL, and nature of the website to: email@example.com.
If there is a dispute about these Terms and Conditions or your use of this Site, the laws of the State of New York, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in the State of New York, United States of America.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions constitute the entire agreement between you and Pasionae with respect to the subject matter hereof, and supersede all previous written or oral agreements between you and Pasionae with respect to such subject matter. No waiver by either you or Pasionae of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
As used herein, “Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home address or other physical address, an email address and/or any other contact information. In general, you can visit our site without telling us who you are or revealing any Personal Information about yourself. Pasionae does, however, collect Personal Information from you when you voluntarily submit such information on our site. For example, when you establish a Pasionae member account, contact us with a question or comment, subscribe to an email newsletter, participate in our surveys, or register for contests, sweepstakes, and other promotional opportunities provided by Pasionae, you are supplying us with your Personal Information. We may use such information to display content and products that we think may be of interest to you, to personalize your online experience and to improve the quality of the content that we provide to you on the site. By providing such Personal Information to Pasionae, you agree that, unless you expressly opt out of receiving such information (as described below), we may use your Personal Information to fulfill the activity you signed up for, such as notifying sweepstakes winners or sending you our email newsletters and contacting you with updates regarding the site. Whether or not you provide such information is completely your own choice. You are not obligated to answer any question that is presented to you. Please note, however, that if you choose not to provide the Personal Information we request, you may be unable to access certain options, offers, and services that involve our interaction with you.
If you choose to provide us with your Personal Information on this website, we may transfer that information within Pasionae or to our affiliates in connection with our internal business purposes. In addition, we may share your personally identifiable information with our reputable third-party service providers that assist us with, among other things, operating or hosting this site, providing or fulfilling the products and services you request through this site, product customization, marketing and promotional material distribution, web site evaluation, data analysis, site improvements, and, where applicable, data cleansing, and marketing, promotions and other services performed on our behalf. Pasionae requires such third parties to maintain your information in the strictest confidence.
In addition, Pasionae and its affiliates may share or transfer personally identifiable information to unrelated third parties: if required to do so by law or to comply with a legal requirement, judicial proceeding, court order, or legal process; to investigate a possible crime, such as fraud or identity theft; or when we believe it is necessary to protect the rights, property, or safety of our website or the public.
If you have provided Personal Information but later you object to the use that is being made of that information (for example, you no longer wish to receive promotional or marketing information about products, services, and offerings from Pasionae or any third parties) you can ask that we stop making use of that information. You can do this by canceling your Pasionae member account - - simply send us an email at CustomerService@Pasionae.com requesting that your account be terminated. Further, each e-mail newsletter, promotional email or other communication contains instructions on how to discontinue receipt of such communication. Your request will be processed as soon as possible. Please bear in mind that cancellation of your member account will result in you not being able to continue to access the relevant services, offers or content.
Additionally, please note that removal of user information from our database or "opting-out" will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request.
If you establish an account, you may receive certain types of communications even if you have not opted-in to receive them because these types of communications may be necessary in order to maintain an account on the site.
Pasionae also collects certain aggregate information (information that would not disclose the personal identification of a user), which is used in a collective manner. The types of aggregate information we collect include frequency of visits to the site, site pages most frequently accessed, location, age or gender of users, and types of products that are of greatest interest to our customers. By knowing more about the general profile or our customers (without identifying any specific individual characteristics), we believe we can improve your online experience.
Additional Privacy Protections For Children Using The Internet
Tracking technologies may record information such as Internet domain and host names; Internet protocol addresses; browser software and operating system types; clickstream patterns; and dates and times that our site is accessed. These tracking technologies allow us to improve our web site and your web site experience. We may also use these tracking technologies to analyze information that does not contain Personal Information for trends and statistics.
We understand the utmost importance of protecting the security of your Personal Information that you share with us. Unfortunately, however, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any information you transmit to or from our site, and you do so at your own risk.
Links to Third Party Sites
In the event that Pasionae or any of its affiliates is acquired (whether by the sale of assets or ownership interests) by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign any Personal Information and aggregate information that we have collected from visitors to our site as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may transfer your data to a successor or to a third party that purchases our assets arising from such circumstances.