These Terms were last updated on May 9, 2012.
The Website is owned and operated by Interactive Innovation Group, Inc., a Delaware corporation and use of the Website is subject to the following Terms. Interactive Innovation Group, Inc. is referred to herein as, "IIG," "Panjo," "we," "us," and "our." The terms "you" and "your" when used herein means any user of the Website.
Participation. We provide visitors to our Website with the opportunity to make available for sale and sell items and to browse and buy items offered for sale by others. The Website may offer opportunities for you to send messages, correspond with others, and/or post content in connection with various features that IIG may elect to offer, such as online groups, chat rooms and advertisements for listings provided by you or third-parties.
You will need to register by creating an account with Panjo (either by registering directly with us or by allowing an Panjo application to connect through your Facebook, Twitter, or other social network profile) in order to publish Content on the Website or obtain access to certain services, including listings. If you choose to create an Account or Panjo profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a "User ID"). Your access to the Panjo Website and services must be made using your User ID and the issuance of the User ID to you by IIG does not authorize anyone else to use your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who have had their access to the Website or any of the services previously terminated by IIG may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Panjo relies on User IDs to know whether users accessing the Website and using our services are authorized to do so. If someone accesses our Website or services using a User ID that we've issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Website or use of the services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
You acknowledge that any information disclosed by you in any Message or Screen Name (e.g., your name or address) may be used by any third party, and IIG assumes no liability for such disclosures.
License. By transmitting any Message or Screen Name, you are granting IIG a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform and display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
Message and Screen Name Review. IIG has the right, but not the obligation, in its sole discretion, to review, edit or delete any Message or Screen Name transmitted in any Message Feature that: (i) violates any term of this Agreement; or (ii) is otherwise illegal, offensive or inappropriate. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by IIG.
You acknowledge that transmissions to and from the Website are not confidential and your Messages may be read or intercepted by others. You acknowledge that by submitting Messages to the Website, no confidential, fiduciary, or contractually implied or other relationship is created between you and IIG other than pursuant to this Agreement.
The term "Content" means any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through the Website. IIG may change, suspend or discontinue any aspect of the Website at any time, including the availability of any features, databases, or Content. IIG also may impose limits on certain features and services or restrict your access to parts or each of the Website without notice or liability.
To be clear, Panjo markets listings and serves as a host and facilitator between buyers and sellers. The seller is the issuer of the item for sale. As issuer of the item for sale, the seller shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the seller or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed items for sale.
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase items or to encourage you to get others to do so. The applicable rules will be posted on the Website with each such promotion. The rules will be subject to our interpretation, and you hereby agree to our interpretation.
The Website can be accessed from countries around the world. You understand that some or all items offered on the Website may not be available for purchase to persons residing in every jurisdiction throughout the world. Panjo reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a listing for any product or service to a person residing in certain jurisdictions. Panjo does not represent or warrant that any product or service promoted on the Website will be available for purchase by every person.
The Website may contain links to other websites, resources, and sponsors of the Website. Links to and from the Website to other websites maintained by third parties, do not constitute an endorsement by IIG or any affiliate of any third party Web site or content. IIG is not responsible for the availability of these third party resources, or their contents. Third-party websites are subject to their own terms and conditions.
You may also link listings from Panjo to other third-party websites, including, but not limited to a social networking Website. IIG is not responsible for your actions in linking listings from the Panjo Website to third-party websites which do not permit the use of third-party linking. Third-party websites are subject to their own terms and conditions.
Unless otherwise indicated, the Website and its design, text, Content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of IIG or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
Neither the Website, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the Website and/ or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
IIG neither warrants nor represents that use of Content displayed on the Website will not infringe rights of third parties not owned by or affiliated with IIG.
IIG does not consider the Website to be of interest to anyone under the age of 18. No person, under the age of 18 may create a valid Account on the Panjo Website. If such an account is found to belong to a child under the age of 18, the Account will be suspended.
Panjo is a community of enthusiasts who buy and sell with each other. We are committed to providing a positive experience for both parties in every transaction on our marketplace. The procedures and guidelines contained in the Transactions Policy ("Transactions Policy") explain the buying and selling processes and set out acceptable conduct and prohibited practices. You agree to abide by the procedure and guidelines contained in the Transactions Policy for conducting the sale and purchase of an item. Panjo's Transactions Policy is expressly incorporated into this Agreement by this reference. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. Because Panjo's involvement is limited to that of a platform provider facilitating the actual transactions between a Seller ("Seller") and Buyer ("Buyer"), it is not the agent of either party for any purpose. The following describes and explains our Transactions Policy:
Seller lists item for sale. Price includes shipping and sales tax if applicable.
Buyer purchases item, and Panjo immediately emails Seller with Buyer's shipping address.
Seller ships item to Buyer.
Buyer receives item. If the Buyer does not report a problem within 14 days of the date of purchase, then Panjo transfers payment minus applicable fees to the Seller.
Once an item is purchased, you as a Buyer will be afforded a review period as designated by Panjo ("Review Period") to inform Panjo whether there was an issue with the delivery of an item. The Review Period is the first 14 days following the purchase of an item. Sale proceeds will not be released to the Seller until the Review Period has expired. If the Review Period expires, and the Buyer does not report an issue, the transactions will be considered final, and the Buyer agrees to waive all claims or chargebacks. If the Buyer indicates that there is a problem with the item or the Seller within the Review Period, the issue will be resolved according to Panjo's Transactions Policy. While the vast majority of transactions go smoothly, occasionally an issue may arise where an item is not as-described or damaged. When this happens, the buyer has 14 days from the date of purchase to notify Panjo. We follow the policy outlined below to resolve the issue as quickly and fairly as possible.
|Item not as-described or damaged||
|Seller did not ship item / no postal service record it was mailed||
|Lost in the mail / postal service did record it was mailed, but did not arrive||
|Problem not reported to Panjo within 14 days of purchase||
We charge fees for using some services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may and reserve our right to change from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are solely responsible for paying all fees in a timely manner with a valid payment method.
You agree to indemnify and hold Panjo harmless from and against any claim arising out of your failure to do so. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting any amounts owed from your PayPal account balance. In the event we must initiate and use any collection agency or other agent to collect amounts owed to Panjo, you also agree by using the Site or the Service that these fees may be deducted by Panjo without notice to you from your PayPal account balance. In the event legal action must be taken in order to collect any amounts owed by you for your use of the Site or the Service, you agree to pay any attorney's fees or costs incurred by Panjo in said collection effort.
Content means anything submitted by any User or Merchant on the Website.
By submitting Content to be used on the Website, you agree that IIG may use any such Content attributable to you. You grant the rights hereunder whether or not your name, voice, or image, or any quotes attributable to you are used in any manner by IIG and IIG reserves the right in IIG's sole discretion NOT to use any submitted content. You grant these rights to IIG worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on the Website, advertising, and other commercial uses in connection with the Website. You waive all rights related to IIG's use and release, discharge and hold harmless IIG, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, or image, or any quotes attributable to you. You further understand and agree that online visitors to the Website may view the Content and may comment on the Content as they see fit such as in (but not limited to) Deals, contests, or polls.
In addition and by submitting Content:
you certify that you are the original author (or have a written assignment of all rights from the author) of the submitted Content; and you are the sole copyright owner of the Content; that you are the only person depicted in the Content; and you have complete authority to grant to IIG the rights stated herein.
you understand and agree that all Content is subject to review and editing by IIG prior to any posting or use by IIG. You further understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Website, without further consent or approval, and that whether or how the Content is used on the Website is entirely within IIG's sole discretion. You acknowledge that IIG reserves the right to remove any Content from the Website at any time and for any reason at IIG's sole discretion.
All Content is the sole responsibility of the person from whom such Content originated. IIG does not control, and is not responsible for user-submitted Content and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website may contain links to other websites, which are completely independent of IIG. IIG makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked site. Likewise, IIG makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Website. Users of IIG bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will IIG be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website. You acknowledge that IIG does not pre-screen or approve Content prior to posting. IIG makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content:
You understand and agree that IIG may review and delete any Content that in the sole judgment of IIG violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
You are solely responsible for the Content that you publish or display.
By posting Content to any public area of IIG, you automatically grant, and you represent and warrant that you have the right to grant, to IIG an irrevocable, perpetual, non- exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. IIG reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Any such Content will be removed by Panjo when Panjo becomes aware of such illegal or prohibited Content. Users may flag potentially violating content to aid Panjo in removal of illegal or prohibited Content. It includes Content that:
(1) is patently offensive to the online community; harasses or advocates harassment of another person; (2) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;" (3) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (4) contains Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right; (5) promotes an illegal or unauthorized copy of another person's copyrighted work; (6) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (7) displays pornographic or sexually explicit material of any kind; (8) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (9) provides instructional information about illegal activities; (10) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (11) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (12) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
You must use the Website in a manner consistent with any and all applicable laws and regulations.
If you believe that your Content was improperly removed from the website, you may prove the legality or validity of the content to Panjo. If the content is proven to be legal and not otherwise prohibited, the Content may be reinstated.
You are responsible for applicable sales and other taxes associated with all orders. Applicable taxes may be charged to you by or on behalf of a Seller, in which case they may be added to the listed price of the product or service at the time of purchase, but a Merchant's failure to levy and collect required taxes does not relieve you of the responsibility to pay those taxes, if applicable. COMPANY IS IN NO WAY RESPONSIBLE OR LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO, ANY APPLICABLE TAXES.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Website and services in accordance with this Agreement. ENTHUSIFY and the ENTHUSIFY & Design are our trademarks. Other product and company names that are mentioned on the Website or provided as part of a Deal offered on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on Panjo, excluding intellectual property owned by others, is owned or licensed by Panjo. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to Panjo, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by Panjo is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and services.
All materials and information on the Website, including, without limitation, the IIG logo, design, text, graphics, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by IIG, or otherwise used with permission by IIG.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Website or any other site owned or operated by IIG without the prior written permission of IIG. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of IIG's copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from IIG.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact the complaining party; (5) A notarized statement that the complaining party has 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; and (6) A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send any such requests to IIG at: firstname.lastname@example.org
IIG's trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied or imitated.
The Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-IIG website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Website, the content thereof, or the products and/or services made available through such websites. If you access these other websites, you do so at your own risk.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
We make no representations or warranties with respect to this website or its contents, which are provided for use "as is" and on an "as available" basis. We disclaim all warranties, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to this website and any website with which it is linked. We do not warrant that this website, its servers or e-mail sent from us will be free of any harmful components (including viruses). We also make no representations or warranties as to whether the information accessible via this website, or any website with which it is linked, is accurate, complete, or current. We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. You accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
The information and all other materials on the Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on the Website or any website with which it is linked.
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis.
These Terms give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
You agree to defend, indemnify and hold harmless Panjo, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to Panjo; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Panjo.
Panjo reserves the right, but has no obligation, to monitor, or take any action Panjo deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Website and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the Website.
In consideration of your use of the Website, you agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Website any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Website is strictly prohibited. IIG reserves all rights and remedies available to it.
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
If you have any comments or questions, you may send an e-mail to email@example.com or write to us at: Interactive Innovation Group, Inc. (d/b/a Panjo), 413 West Channel Road, Santa Monica, CA 90402.
For any claim (excluding claims for injunctive or other equitable relief) where the total relief sought is less than $10,000, the party seeking relief may choose binding non-appearance-based arbitration to be conducted in accordance with the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitration shall be conducted before one or more neutral arbitrators mutually agreed upon by you and Panjo in California in the United States of America, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The prevailing party shall be entitled to all reasonable attorney's fees and costs resulting from arbitration that is brought by any party. The arbitration must be conducted via only a combination of phone, the Internet and written submissions (the party initiating arbitration may select the specific manner); the arbitration shall not involve personal appearance by the parties or witnesses unless otherwise mutually agreed; and the arbitrator's judgment may be entered in any court of competent jurisdiction.
These Terms shall be subject to, governed by and construed under the laws of the State of California in the United States of America. Your access to, or use of, the Website or information, materials, products and/or services on the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.
You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of California and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.