Terms of Services
These Terms of Service are a contract between you and Oursky Limited, a company with its principle place of business at 308B, Enterprise Place Bldg 9, No. 5 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong (“Oursky”). Oursky operates www.pandaform.com (“PandaForm Site”) and the form document generation, collection, processing and storage services therein (collectively the “Service”). By using the PandaForm Site and any services accessible from the PandaForm Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the PandaForm Site or the Service. Violation of any of the terms below will result in the termination of your right to use the Pandaform Site, and any account that you may have created on Pandaform Site. You agree to use the PandaForm Site at your own risk.
In order to open an “Account” on the PandaForm Site, you must:
- (i) agree to these Terms of Service,
- (ii) provide a valid email address, and
- (iii) provide any other information required by Oursky during the registration process.
Accounts registered by “bots” or other automated methods are not permitted.
License Grants & Restrictions.
Oursky hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the PandaForm Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service.
You acknowledge and agree that, as between the parties, Oursky owns all right, title, and interest in and to the PandaForm Site, including all intellectual property rights therein.
You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the PandaForm Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Oursky immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Oursky immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Impermissible Acts.
As a condition to your use of the PandaForm Site, you agree not to:
- upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; puhish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the PandaForm Site;
- upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that 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;
- interfere with or disrupt the PandaForm Site, or any servers or networks connected to the PandaForm Site, or disobey any requirements, procedures, policies or regulations of networks connected to the PandaForm Site;
- obtain, collect, store or modify the personal information about other users;
- modify, adapt or hack the PandaForm Site or falsely imply that some other site is associated with the PandaForm Site or Oursky; or
- use the PandaForm Site for any illegal or unauthorized purpose. You must not, in the use of the PandaForm Site, violate any laws in your jurisdiction (including but not limited to copyright laws). Indemnification.
Oursky will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the PandaForm Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Oursky is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the PandaForm Site by Oursky; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.
Payment, Refunds, Upgrading and Downgrading.
A valid credit card is required for paying accounts. Free accounts which provide a limited access to the Service are not required to provide a credit card number. The PandaForm Site is billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You will be billed for your first month 14 days after signing up for a paying account. After signing up for a paying account and you don’t cancel that account within 14 days, you will be billed monthly starting on the 14th day after your account was initially created. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate. An email will be sent to your account administrator’s email for payment receipt and notification.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
Oursky does not accept any liability for loss of content, features, or capacity of your account due to downgrading your pandaform site.
PandaForm Site stores, processes and maintains your data in order to provide the service to you. When you use PandaForm Site, PandaForm Site’s servers automatically record certain information about your use PandaForm Site, such as account activity, data (including UI elements, links) clicked on and other log information including browser type, IP-address, date and time of access, cookie ID and referrer URL.
PandaForm Site will only use aggregated non-personal data such as number of times a link was clicked. We do not sell, rent or otherwise share your data with any third parties except:
- We have your opt-in consent;
- We provide such information to our subsidiaries, affiliated companies for the purpose of processing data on our behalf. We require that these parties agree to process data based on our instruction and in compliance with this terms and services and any other appropriate confidentiality and security measures;
- We have a good faith belief that access to the data is necessary to satisfy any applicable law, regulation, legal process or enforceable government request;
- We have a good faith belief that access to the data is necessary to enforce applicable Terms of Service, including investigation of potential violations, or to detect and prevent fraud, security or technical issues;
- We have a good faith belief that access to the data is necessary to protect against harm to the rights, property or safety of Oursky.
Violation of these Terms of Service.
Oursky reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Oursky may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Oursky has no obligation to pre-screen or monitor your access to or use of the PandaForm Site or any information, materials or other content provided or made available through the PandaForm Site, but has the right to do so. You hereby agree that Oursky may, in the exercise of Oursky’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the Account link in the navigation bar at the top of the screen or writing Oursky a letter to the following address:
308B, Enterprise Place, No. 5 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong
Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Oursky once your account is cancelled. Please be aware that Oursky may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. You will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
Oursky reserves the right to terminate any free Accounts that do not receive a form submission for 6 months or is not logged into for 6 months. Oursky, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Oursky may refuse to provide you any current or future use of the PandaForm Site, or any other Oursky Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Oursky once your account is terminated; however Oursky may for a time retain residual information in our backup and/or archival copies of our database.
Modifications to the PandaForm Site and Prices.
Oursky reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PandaForm Site and Service (or any part thereof) with or without notice.
Prices of all PandaForm Sites, including but not limited to monthly subscription plan fees to the PandaForm Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the PandaForm Site. Oursky shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the PandaForm Site. Oursky reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current PandaForm Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the PandaForm Site after any such changes shall constitute your consent to such changes. Copyright and Content Ownership.
We claim no intellectual property rights over the material you provide to the PandaForm Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content. Oursky does not pre-screen Content, but Oursky and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the PandaForm Site.
Notification of Claims of Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Oursky’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at firstname.lastname@example.org or:
308B, Enterprise Place
No. 5 Science Park West Avenue
Hong Kong Science Park
Shatin, Hong Kong
Please provide our Agent with the following Notice:
Identify the material on the PandaForm Site that you claim is infringing, with enough detail so that we may locate it on the website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and your physical or electronic signature.
Disclaimer of Warranties.
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE PANDAFORM SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. OURSKY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OURSKY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. OURSKY DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC 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 PANDAFORM SITE WILL BE CORRECTED. OURSKY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. OURSKY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OURSKY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PANDAFORM SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE PANDAFORM SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL OURSKY OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR PANDAFORM SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OURSKY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR PANDAFORM SITE, FROM INABILITY TO USE THE SERVICES OR PANDAFORM SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR PANDAFORM SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR PANDAFORM SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO OURSKY. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Oursky or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Oursky.