Pangea Day Rules, Terms & Conditions

OFFICIAL RULES

LAST UPDATED: April 22, 2008
Pangea Day Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. The Pangea Day contest (referred to below as the "Contest") begins at 12:00:00 AM Eastern Time ("ET") on June 15, 2007, and ends at 11:59:59 PM ET on Friday, February 15, 2008.

The term "Entrant" is used on this Website to refer to persons who enter the Contest. The term "User" refers to persons who watch videos on the Website, sign up to host a screening of Pangea Day, comment on our site or use the Website in other ways, who may or may not enter the Contest.

Many of the times that the name "Pangea Day" appears in these rules, it means an entity rather than the actual day that the winning Entrants' films will be screened around the world. When the name is used to mean an entity, it refers to the Pangea Day events' organizers. You will also see references to Pangea Day's "Partners." The word "Partners" is not intended as a formal definition. Instead, it includes the full range of people and companies who are joining with the organizers to make the Pangea Day events a reality. That is, it includes the Contest's sponsors, contributors of services and prizes, and the judges. Some of the Partners (but this is not intended as a complete list) are The Sapling Foundation, Brook Byers, Avenue A | Razorfish, RealTime Media, Inc., Participant Productions and Nokia. The references to Partners may be to some or all of these sponsors, contributors and judges, depending on the context in which the term is used.

1. ELIGIBILITY:

The Contest is open to legal residents age 13 or older, of any nation, state, territory, or other area on the Planet Earth except for any area whose laws, rules or regulations prohibit or restrict the Contest as it is described on this Website. If you are under 13 years of age and would like to submit a film, please have your legal guardian submit for you.

By participating in the Contest, Entrants agree to these Official Rules and to the decisions of Pangea Day and its Partners on all matters, which are final and binding in all respects.

In addition to the information described below that is required to be provided by Entrants at different stages of the Contest, Pangea Day reserves the right to request further background information, confirmation of submitted information, and/or a background investigation to determine participation eligibility. Persons who are current employees of RealTime Media, Inc., are not eligible to enter the Contest.

2. HOW TO ENTER:

There is no limit to the number of films that a person may submit. To enter the Contest, follow the steps outlined below to make a submission. You have two options:

STEP 1:
Register with YouTube. If you are already a YouTube member, you can skip this step.

STEP 2:
Join the Pangea Day group on YouTube. If you are already a member of the Pangea Day group on YouTube, you can skip this step.

STEP 3:
Upload your film to the Pangea Day group on YouTube.

STEP 4:
Register your film at Pangeaday.org. You'll find the registration form under the "Submit a Film" Section of the Pangea Day Website. Once there, click on the "Submit Now" tab and follow the written instructions.

If you do not wish to upload your film to YouTube, you may mail a DVD of your submission to the following address:

TED Conferences
c/o Pangea Day
55 Vandam St., 16th Floor
New York, NY
10013

OPTION B

STEP 1:
Register your film at WithoutaBox. If you do not have a WithoutaBox user name, you should register as a filmmaker on the WithoutaBox website. Once you have done so, login into the WithoutaBox website, and click "Create new project." Then, provide the required information on your submission. Then, click the "Search" tab and search the word "Pangea Day". Click on the Pangea Day page, and follow the instructions to submit your submission information to our page.

STEP 2:
You may then upload your film to the Pangea Day YouTube group OR mail a DVD of your submission to the mailing address provided above.

The Entrant of a Contest entry will be deemed to be the authorized account holder at the time of submission of the email address from which the film is submitted. (The "authorized account holder" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address.)

Submission of an entry in the Contest constitutes permission for, but not an obligation of, Pangea Day and its Partners to use the Entrant's name and likeness for programming, advertising and promotional purposes in connection with references to the Pangea Day events without further compensation.

All information you provide when you submit will be treated in a manner consistent with Pangea Day's privacy statement, which is available at http://www.pangeaday.org/privacypolicy.php

3. FILM SELECTION PROCESS:

From November 1, 2007 through May 10, 2008, Pangea Day and its Partners will share a selection of Entrants' film submissions in a variety of media to promote and advertise Pangea Day events. They will be streamed on multiple websites (youtube.com, pangeaday.org, and nokia.com), included in our advertising campaign, and distributed on mobile phones by Nokia. The inclusion of a film in any of these media is not an indication or representation that the film will be selected as a winner. Rather, these selections are intended to serve as examples to the public of the range and variety of films Pangea Day is receiving.

If Pangea Day wishes to share your film as described above, Pangea Day will contact you beforehand to confirm certain information Pangea Day considers necessary, including that you have appropriate releases. If you are not interested in Pangea Day using your film in this manner or do not wish to cooperate with this review for any reason, you can simply decline the invitation, in which case your film will not be used. If you decline, your film will be withdrawn from the Contest.

Around March 15, 2008, Pangea Day will select approximately 40 films from the User Submissions for consideration for the Pangea Day program. All of these selected films will be streamed on the Pangea Day website.

During April, 2008, two separate sets of selections will be made from the 40 films. The first set of selections will be made by Pangea Day, which will extend an invitation to approximately 10 entrants who will be featured in the Pangea Day events described below. If your film is selected:

Your film will be broadcast live around the world on May 10, 2008.
Your film will be included on a Pangea Day DVD. (Winners will not receive any compensation from sale of the DVD. Any profit made from the sale of the DVD will be used by Pangea Day to meet expenses of the Contest and/or will be donated to a charity selected by Pangea Day.)
Pangea Day is a non profit film event made possible by The Sapling Foundation based in NY, USA, which is a not-for-profit foundation organization. Pangea Day is a not-for-profit event. (Broadcast may occur for profit networks but no payments will be made without any payments due to the filmmakers.)
Your film will be showcased on the Nokia.com website and distributed on Nokia phones.
You will receive a cash prize of $3,000.
You will be invited to showcase your film on the Participant Productions website.
Some of you may be invited to attend a Pangea Day live event.

Pangea Day will enter into a written agreement with each selected entrant. If you do not wish to agree to one or more of the terms in the agreement, you can simply decline the invitation, in which case your film will not be used. However, if you accept the terms, your acceptance cannot later be withdrawn, since Pangea Day and its Partners will be relying on the permission you have given for use of your submission.

The second set of selections will be made by Participant Productions. Five entrants -- each representing a different continent (North America, Central/South America, Europe, Africa and Asia/Australia) -- will receive a $5,000 "Outstanding Filmmaker Award" grant for outstanding achievement, to financially assist the filmmakers to continue making films.

In addition, Participant Productions will invite all of the entrants of selected films to submit a treatment for a feature film or documentary, which may be subject to certain additional conditions that will be communicated by Participant Productions. From the submitted treatments, Participant Productions will select one entrant to receive the "Filmmaker Grant," which includes a $20,000 grant to continue development of the treatment and a non-binding first-look agreement with Participant Productions for the treatment.

Remember that all decisions of Pangea Day and its Partners are final and not subject to any challenge by you.

4. ELIGIBILITY VERIFICATION AND RELEASES:

Notification from Pangea Day to Entrants for each of the stages described above in section 3 will be given via electronic mail and/or telephone. Each Entrant will have 10 days from delivery of notification to confirm that the notification has been received and to accept the invitation.

Any Entrant who fails to confirm receipt will be considered to have withdrawn from the Contest, and Pangea Day will select another Entrant. After Pangea Day receives timely confirmation of notification of receipt, the Entrant will be sent an declaration of eligibility and compliance and a publicity and liability release form ("Declaration and Release"). This Declaration and Release must be completed, signed, witnessed and returned to RealTime Media within two business days of the Entrant's receipt.

If delivery of a notice sent to an Entrant at the contact information provided by the Entrant is unsuccessful or if the Entrant fails to return the completed and executed Declaration and Release within the specified time period or fails in any respect to comply with the rules, terms and conditions of the Contest, he/she will be considered to have withdrawn from the Contest, and an alternate potential winner will be selected.

5. INFORMATION ABOUT FILMS AND OTHER COMMUNICATIONS SUBMITTED BY ENTRANTS (COLLECTIVELY REFERRED TO AS "USER SUBMISSIONS"):

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Pangea Day, you hereby grant Pangea Day and its Partners a worldwide, non-exclusive, royalty-free, and transferable license to reproduce, distribute, display, and perform the User Submissions, alone or in combination with other submissions, in connection with the Pangea Day Website and Pangea Day's activities in any media formats and through any media channels.

For all Entrants except winners, the license described above terminates if you remove a User Submission from the Pangea Day's YouTube Group Site or notify Pangea Day organizers by sending an email to info@pangeaday.org. This withdraws you from the Contest. If the license terminates, Pangea Day and its Partners will have a reasonable time to remove the User Submission from any media formats and media channels in which it has been used pursuant to the license.

For all winners, Pangea Day's license will remain valid and irrevocable for distribution of the User Submissions in perpetuity in all media by Pangea Day, its Partners and their assignees and licensees, without any further compensation. Since the license is non-exclusive, winners are free to distribute and otherwise exploit their User Submissions in any manner independent of Pangea Day.

You shall be solely responsible for the content of your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website, including the written permission of persons in the User Submission to use their name and likeness in the User Submissions and in the manner contemplated by the Website.

Pangea Day does not promise or guarantee any confidentiality with respect to any User Submissions.

In connection with User Submissions, you further agree that you will not:

(i) submit material that is copyrighted by someone other than you or protected by other rights of someone other than you, unless you have permission from the holder of those rights to post the material and to grant Pangea Day and its Partners all of the rights granted herein;

(ii) publish falsehoods or misrepresentations;

(iii) submit material that is unlawful, obscene, threatening, pornographic, harassing, racially or ethnically offensive, or encourages unlawful conduct;

(iv) post advertisements or solicitations of business: or

(v) impersonate another person.

Pangea Day does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. If Pangea Day is properly notified of any copyright infringement or other improper content in connection with a User Submission, Pangea Day will remove the User Submission from the Website.

Pangea Day will also terminate a User's access to the Website if he/she is determined to be a repeat infringer. A repeat infringer is a User who has previously had a User Submission removed from the Website.

Pangea Day also reserves the right to make a determination at its own election and in its sole judgment that a User Submission fails to comply with these Terms of Service rules or is otherwise inappropriate. Pangea Day may remove such User Submissions and/or terminate a User's access to the Website at any time, without prior notice and in its sole discretion. You are reminded that it is a condition of your use of the Pangea Day Website that all Pangea Day decisions are final and unappealable.

6. DISQUALIFICATION:

Entrants found tampering with or abusing any aspect of this Contest or acting contrary to these Rules will be disqualified and could be subject to legal action for violation of criminal and civil laws.

7. RELEASES AND INDEMNITY:

Pangea Day and its Partners are not responsible for transmission errors or failures, hardware or software malfunctions, or other errors or failures relating to the Website, the processing of User Submissions or any communications with Entrants or for any event, condition or reason that may cause the Contest to be disrupted or terminated. Sponsors reserve the right to postpone, terminate, cancel, modify or preempt the Contest in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure event or for any other cause which, in their sole judgment, impairs the administration, security, fairness, integrity or operation of the Contest. In such event, Sponsors reserve the right in their sole discretion to select Entrants for prizes from among the eligible entries received up to the time of the impairment.

Each Entrant releases, discharges, holds harmless, and covenants not to sue The Sapling Foundation, Avenue A | Razorfish, RealTime Media, Inc., Participant Productions, Nokia, and any other entity sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, and any of their related, affiliated and successor companies, licensees and advertisers from and against any claims or liabilities arising from or relating to any and all matters of whatsoever kind relating to the Contest and Entrant's participation in the Contest.

8. DISPUTES:

All issues and questions concerning the validity, interpretation and enforceability of these Official Rules, or your rights and obligations as an Entrant, or any other matter in connection with the User Submissions and the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York and of the United States, without giving effect to conflict-of-law rules. Any claim or dispute between you and Pangea Day that relates in whole or in part to the Pangea Day Website shall be decided exclusively by a court of competent jurisdiction located in New York, NY, USA, and you submit to those courts for that purpose.

You specifically understand and agree that Pangea Day is only permitting access to its Website and participation in the Contest on condition that all Entrants accept to be governed by the above laws. If the law where you reside does not permit certain content or does not permit you to participate in the Contest, you take full responsibility to refrain from violating your local law.

9. WINNERS LIST:

To receive the list of winners, send a self-addressed stamped envelope so that it will be received by Pangea Day by May 10, 2008 to: Pangea Day Winners List Request, c/o RealTime Media, 1060 First Ave, Ste 201, King of Prussia, PA 19406. (Residents of the State of Vermont may omit return postage.)

10. Rules and regulations are subject to change.

PANGEA DAY WEBSITE TERMS OF USE

1. Your Acceptance

By visiting and/or using any part of this website, you signify your assent to both these terms and conditions (the "Terms of Use") and the terms and conditions of Pangea Day's privacy notice, which are published at http://www.pangeaday.org/privacypolicy.php and which are incorporated herein by reference.

If you do not agree to any of these terms, you should leave the Pangea Day Website immediately.

The term "Website" (with a capital "W") refers to the Pangea Day Website. The term "User" refers to persons who watch videos on the Website, sign up to host a screening of Pangea Day, comment on our site or use the Website in other ways, who may or may not enter the Pangea Day Contest.

Many of the times that the name "Pangea Day" appears in these Terms of Use, it means an entity rather than the actual day that the winning films will be screened around the world. When the name is used to mean an entity, it refers to the Pangea Day events' organizers. You will also see references to Pangea Day's "Partners." The word "Partners" is not intended as a formal definition. Instead, it includes the full range of people and companies who are joining with the organizers to make the Pangea Day events a reality. That is, it includes the Contest's sponsors, contributors of services and prizes, and the judges. Some of the present Partners (but this is not intended as a complete list) are The Sapling Foundation, Avenue A | Razorfish, RealTime Media, Inc., Participant Productions and Nokia. The references to Partners may be to some or all of these sponsors, contributors and judges, depending on the context in which the term is used.

Pangea Day must reserve the right to amend these Terms of Use at any time and without notice. Therefore, it is your responsibility to review these Terms of Use on a regular basis for any changes. Pangea Day will revise the "Last Updated" date at the head of the Rules, Terms and Conditions whenever a change is made to these Terms of Use. Your access and use of the Pangea Day Website following any amendment signifies your assent to the amended terms.

2. Pangea Day Website

Pangea Day operates only the Pangea Day Website, www.pangeaday.org. These Terms of Use apply to all Users of the Pangea Day Website.

The Pangea Day Website may contain links to other websites. Pangea Day has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any other website. By using the Website, you expressly relieve Pangea Day and its Partners from any and all liability arising from your use of any other, third-party websites, even if there is a link to those websites from the Website.

We encourage you to be aware when you leave the Pangea Day Website and to read the terms and conditions and privacy policy of each website that you visit.

3. Website Access

A. Pangea Day hereby grants you permission to use the Website in compliance with these Terms of Use, on condition that:

(i) your use of the Website is solely for your personal, noncommercial use;

(ii) you will not copy or distribute any part of the Website in any medium without Pangea Day's prior written authorization.

(iii) you do not alter or modify any part of the Website other than as may be reasonable and necessary to use the Website for its intended purpose.

B. In order to access some features of the Website, you will have to create an account. You may never use another person's account without permission. When creating your account, all of the information you provide must be accurate and complete.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Pangea Day immediately of any breach of security or unauthorized use of your account. Although Pangea Day will not be liable for any losses you may be caused by unauthorized use of your account, you may be liable for the losses caused to Pangea Day or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Pangea Day servers in a given period of time than a person can reasonably produce in the same period by using a conventional on-line web browser.

You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. (Operators of public search engines who wish to create publicly available searchable indices of the materials should contact Pangea Day separately.)

4. Intellectual Property Rights

Except for User Submissions (which is defined below), all content on the Pangea Day Website, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and all trademarks, service marks and logos contained in the Content, are owned by or licensed to Pangea Day. They are protected by copyright and other intellectual property laws under United States and foreign laws and international conventions.

User Submissions and Content are provided to you for your information and personal use only. No User Submission may be used, copied, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the User Submission's owner. No Content may be used, copied, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Pangea Day.

You agree not to engage in the use, copying, or distribution of any of the User Submissions and Content other than as expressly permitted herein, and you understand that commercial purposes are not permitted.

If you download a User Submission or download or print any Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features that prevent or restrict copying of any Content or that enforce limitations on use of the Pangea Day Website, User Submissions or Content.

5. User Submissions

The Pangea Day Website may now or in the future permit the submission of films or other communications (whether written, audio, or audio-visual) by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Pangea Day does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions you submit to the Website, you represent and warrant that:

(i) you own or have the necessary licenses, rights, consents, and permissions to use and to authorize Pangea Day to use all copyright, patent, trademark, trade secret, or other proprietary rights in material contained in the User Submissions in the manner stated on the Website and these Terms of Use; and

(ii) you have the written consent and release of each and every identifiable person in the User Submission to use and authorize Pangea Day to use the person's name or likeness in the User Submissions in the manner stated on the Website and these Terms of Use.

You agree to pay all royalties, fees and other monies owing to any person by reason of your User Submissions.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Pangea Day, you hereby grant Pangea Day a worldwide, non-exclusive, royalty-free, and transferable (including by sublicensees) license to use, reproduce, distribute, excerpt, translate, display and perform the User Submissions in connection with the Pangea Day Website and Pangea Day's business, including without limitation for promoting and redistributing part or all of the Pangea Day Website (and derivative works thereof) in any media formats and through any media channels.

You hereby grant each User of the Pangea Day Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

For all User Submissions except those submitted by winners, the foregoing licenses granted by you terminate once you remove or delete a User Submission from the Pangea Day Website and send an email to info@pangeaday.org asking to be withdrawn from the contest.

6. Copyright and Other Rights

In connection with User Submissions, you agree that you will not:

(i) submit material that is protected by copyright, trade secret, trademark, or unfair competition laws or otherwise subject to proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pangea Day all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage Pangea Day or any third party or expose Pangea Day or any third party to liability;

(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that violates any law, or is otherwise inappropriate;

(iv) post advertisements or solicitations of business; or

(v) impersonate another person.

Pangea Day reserves the right to remove User Submissions without prior notice, at any time, for any reason or no reason, and without liability.

Pangea Day does not endorse any opinions, recommendations or advice expressed in User Submissions.

Pangea Day does not condone infringement of copyright or other intellectual property rights. Pangea Day also reserves the right to make a determination as to whether a User Submission is appropriate and complies with these Terms of Use or offends another person's rights, such as without limitation pornography, defamatory material, or excessive length. Pangea Day may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Although Pangea Day has the rights described above, it does not assume any obligation to monitor User Submissions for inappropriate or unauthorized content. Pangea Day also expressly disclaims any responsibility for any inappropriate or unauthorized content that may be considered by any Users to be contained in any User Submissions.

Pangea Day will remove a User Submission if properly notified that the User Submission infringes on another's intellectual property rights. In particular, if you are a copyright owner and believe that a User Submission infringes your copyrights, you may submit a notification pursuant to the U.S. Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted 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;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To reach Pangea Day's copyright agent for notice of claims of copyright infringement, please email info@pangeaday.org with "Copyright Agent" as the subject heading. (See 17 U.S.C. 512(c)(3) for further detail.)

You understand that when using the Pangea Day Website, you will be exposed to User Submissions from a variety of sources representing many cultures and points of view. You agree that Pangea Day is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you waive any claims, rights and remedies whatsoever that you have or may have against Pangea Day with respect thereto.

7. Community Participation

The goal of permitting posts is to foster dialogue and a free exchange of ideas. Please observe appropriate etiquette and behave in a manner that is respectful of your fellow community members.

While Pangea Day encourages debate, it discourages, in the strongest terms, attack. People in a community will always disagree because they hold differing opinions and preferences. Pangea Day encourages heated debate on topics of interest to the community. Personal attacks (including attacks against ethnic, racial or other groups of people), however, are a direct violation of Pangea Day's agreement with you and will result in the immediate removal of any User Submissions by you from the Website, the disqualification of any films submitted by you in the Contest, and the denial to you of access to the Website.

User Submissions are not the place for commercial postings of any kind (including without limitation advertisements, recruitment efforts, site announcements, and program announcements) and any such postings will be immediately removed. You are welcome to include URLs in your message posts, as long as such messages do not violate these Terms of Use.

Pangea Day also provides registered members with profiles, groups, event listings and other opportunities to share content and information with others in the Pangea Day audience. These services are provided to encourage community among Pangea Day members, and are subject to these Rules.

If you post a User Submission on the Pangea Day website, you hereby grant Pangea Day all rights in and to such posting without limitation. If you post information or comments to other public member services, you hereby grant Pangea Day a non-exclusive right to make that information available to other Pangea Day members and the public. You also grant Pangea Day the right edit any post for formatting purposes.

In making a post, you accept that Pangea Day's decisions relating in any manner to the post are final and not appealable.

8. Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE PANGEA DAY WEBSITE SHALL BE AT YOUR SOLE RISK.

PANGEA DAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INJURY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE.

PANGEA DAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:

(i) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(ii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;

(iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE;

(iv) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PANGEA DAY WEBSITE OR ANY HYPERLINKED WEBSITE OR ANY BANNER OR OTHER ADVERTISING.

PANGEA DAY IS NOT A PARTY TO AND HAS NO RESPONSIBILITY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU SPECIFICALLY ACKNOWLEDGE THAT PANGEA DAY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Pangea Day from its facilities in the United States of America. Pangea Day makes no representations that the content on the Pangea Day Website is deemed appropriate or is permitted to be accessed in any jurisdiction. Each User is responsible for compliance with the local laws in effect where the User is located. Use of the Website in locations where such use is prohibited is a violation of these Rules.

9. Ability to Accept Terms of Use

You affirm that you are considered an adult (sometimes referred to as having reached the "age of majority") under the law where you live and are therefore fully able and competent under the laws where you live to undertake to be bound by these Terms of Use.

If you have not reached the age of majority under the law of the place where you reside, you affirm that you have shown these Terms of Use to your parent or guardian, who has given you unconditional permission to use the Website in compliance with these Terms of Use and to be bound by these Terms of Use.

10. General

You agree that the Pangea Day Website shall be deemed solely based in New York and that the Website shall be deemed a passive website, which means that your use of the Website does not give rise to personal jurisdiction over Pangea Day anywhere other than New York.

These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict-of-laws rules. Any claim or dispute between you and Pangea Day that relates in whole or in part to the Pangea Day Website shall be decided exclusively by a court of competent jurisdiction located in New York, NY, USA, and you submit to those courts for that purpose.

These Terms of Use, together with the Privacy Notice at http://www.pangeaday.org/privacypolicy.php and any other legal notices published by Pangea Day on the Website shall constitute the entire agreement between you and Pangea Day concerning the Pangea Day Website. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pangea Day's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

YOU AND PANGEA DAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PANGEA DAY WEBSITE SHALL BE WAIVED UNLESS AN ACTION THEREON IS COMMENCED IN THE COURTS IN NEW YORK, NY, WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.

Contact Information:
If you have any questions or comments about these Terms of Use, please contact Pangea Day by sending an email to info@pangeaday.org.