TERMS OF USE

Terms of use, last modification date 20/10/2020

 

1. Ownership (title)

Service provider: MX.PANDER.PRO

Website: MX.PANDER.PRO

E-mail: info@pander.pro

 

2. Terms of use acceptance

The company mentioned above hereinafter called «SERVICE PROVIDER» owns the MX.PANDER.PRO website, hereinafter called «WEBSITE».

The SERVICE PROVIDER provides hosting or resources allocation service, to upload data on the server with reliable Internet connection and software to make the publication of personal web pages, operating for the information purposes and on a cost-free basis, possible.

The SERVICE PROVIDER is not involved in the development of any pages, these pages are developed by USERS, and the SERVICE PROVIDER only hosts them on his website.

This portal usage is available for any person with the USER status, and imply the acceptance of provisions included in this LEGAL DOCUMENT.

All provisions of this LEGAL DOCUMENT are impliedly accepted upon adding the WEB PAGE to the portal.

The SERVICE PROVIDER reserves the right to amend the WEBSITE terms of use. Regular reading of this document is an obligation of any USER.

The SERVICE PROVIDER does not assume any responsibility for incorrect, improper or illegal usage of the data appearing on the WEBSITE internet pages.

The WEBSITE does not assume any responsibility, within the limits prescribed by law, for the lack of accuracy, validity, objectivity, actuality and reliability of the data uploaded to its internet pages.

Internet pages of the present WEBSITE can contain links to the pages of other parties that are beyond the control of the SERVICE PROVIDER. Therefore the SERVICE PROVIDER does not assume the responsibility for the content placed on the pages of other parties.

Texts, images, sounds, animations, software and other content that is on this WEBSITE are the exclusive property of their LICENSORS. Any act of transferring, distribution, assignment, reproduction, storage, and complete or partial publication must be performed only after the SERVICE PROVIDER expressed consent.

Similarly, in order to get access to services offered by the SERVICE PROVIDER by the means of the WEBSITE some personal data should be provided. According to the Organic Law 15/1999 of December 13 on Protection of Personal Data, we inform you that your personal data provided by filling the forms will be stored and processed in catalogs of the SERVICE PROVIDER, with the purpose to deliver and offer our services and to inform you about the WEBSITE updates and improvements, read Privacy Policy for additional information.

Also, we inform you about the rights of access, rectification, objection and erasure of your personal data that can be claimed on a cost-free basis via the e-mail of the SERVICE PROVIDER that owns this WEBSITE and imposes current Terms of Use.

 

3. Age of majority

This WEBSITE must be used only by the persons that have reached the age of majority, browsing and any other kind of activity on this WEBSITE is strictly prohibited for the minors. Besides, neither minors with parental consent nor emancipated minors are admitted. In case you are a minor we ask you to leave this WEBSITE immediately.

The SERVICE PROVIDER assumes the right to erase, block or restrict any new publication of any USER that has any signs or suspicions of being under are.

The SERVICE PROVIDER reserves the right to demand a document confirming the identity (DNI, Cédula, IFE, Passporte) that should include age and photo of the individual, from any USER, to resume the provision of the services.

Each PERSONAL WEB PAGE has the «REPORT» button, by which you can inform us about the presence of a minor on our site, this measure can be applied to any USER and we will DECISIVELY respond.

Control over the age of majority for all USERS is very important to us, thus if the reports from one USER to another will prove to be false, we can restrict the service provision for any USER that utilized the violation report system of the WEBSITE with malicious purpose.

 

4. The definition of the WEBSITE services

The WEBSITE services are to provide hardware, software and reliable Internet connection to ensure personal WEB PAGES HOSTING on a cost-free basis. These pages are developed by USERS for information purposes.

 

5. General USERS terms

To publish a WEB PAGE USER must fill out the «PUBLISH» form, as soon as the web page has been published the following options become available for USERS – viewing, editing, adding photo and video, managing comments and deleting web page.

As soon as the web page has been developed, USERS can manage their pages via CONTROL PANEL, the access can be recovered in the «RECOVER THE PASSWORD» tab in case it has been lost.

Upon receiving the request on rectification, erasure or any other request regarding any WEB PAGE, it will be accepted by the SERVICE PROVIDER only if it has been made by a VERIFIED USER via the guidance e-mail letter, and never by anyone else.

WEB PAGE will remain published until a USER decides to delete it. The SERVICE PROVIDER reserves the right to delete the page of USER after 2 years of inactivity.

This WEBSITE is defined as HOSTING FOR PERSONAL WEB PAGES therefore any USER must provide his actual e-mail address for the purpose of communication. The SERVICE PROVIDER reserves the right to delete any WEB PAGE containing false data.

USER is responsible for everything he publishes, for all his actions and harm that he has caused. The SERVICE PROVIDER will supply all demanded data to the police, courts or other ministries without delays.

The SERVICE PROVIDER does not assume any responsibility for USERS’ publications http://www.lssi.gob.es/. Nor does the SERVICE PROVIDER assume any responsibility either for the distributed or uploaded content or for individuals accessing it, if the SERVICE PROVIDER does not partake or not aware of illegal actions.

The SERVICE PROVIDER assumes responsibility for being aware of illegal content published by USER and does not take immediate actions to remove or to restrict access to it, therefore if any USER provides the information about or capture the illegal publication the SERVICE PROVIDER will use all his technical capacities to make this impossible to happen again.

In case the SERVICE PROVIDER has been reported about the alleged copyright infringement or the evidence of published data violation such as false phone number or incorrectness of USER’S identity he can demand the documents refuting the abovementioned accusations.

USER is obliged to use this PORTAL, content and services according to:

Applicable Laws or any other legal norms.

Current Terms of Use.

Publishing rules.

Ethics.

Public order.

 

USER must create WEB PAGE in accordance with his category and location, and obliged: not to commit crimes, mentioned or listed in Criminal Code or any other applicable legal standards, by the means of this WEBSITE.

As an example we inform you about what is strictly prohibited on the WEBSITE, as is listed below, but not limited to it:

Human trafficking

Organ trafficking

Drugs trafficking

Sexual abuse and crimes against sexual freedom.

Illegal acts encouragement.

Distribution of defamation, slander, insults and\or publication of the data that contain images or propaganda of racism/xenophobia/terrorism approval or appeals to act against human rights.

Preachment of knowingly false theories and encouraging erroneous behavior.

Impersonation of other users using their passwords and admissions to services and\or portal content.

Abuse or malicious usage of the «violation report» system.

Distribution of information that you have neither been asked nor authorized for.

Distribution of messages that are rude, disrespectful and insult other parties.

Usage of robots, spiders, «scrappers» or any other automatic means to gain access to the portal to copy, delete, update or publish any content without the prior written approval of the SERVICE PROVIDER.

To store or to request in any form the information about personal data of other parties including e-mails without their approval.

Attempt to bypass, avoid or penetrate through the means, used to limit or restrict Portal access.

All necessary fields in PUBLISH THE WEB PAGE FORM must be filled.

Categories and sections must be respected and complied with (demand vs supply).

Publication of a web page that is identical or similar to the one that has been already published is not tolerated.

Using fake or fictional e-mail addresses for WEB PAGE publication is not tolerated.

Typing WEB PAGES text with capital letters is not tolerated.

Using keywords is not tolerated (keywords spamming).

Using systems and tools for mass automatic WEB PAGES publication and\or update without the prior written approval of the SERVICE PROVIDER is not tolerated.

Copying, processing and\or distribution of text and\or photos and\or images of other parties without their authorization is not tolerated.

Entering a telephone number or e-mail address outside the related fields in PUBLISH WEB PAGE FORM is not tolerated.

PROVIDER will immediately alert competent authorities at any suspicion or sign that WEBSITE has been used for crime commitment, reserves the right to restrict access for all alleged accomplices.

The information provided by USERS must always be truthful, users are responsible for all their statements, data, information and details, which may be false, inaccurate or vague.

In case the data of personal character are filled in a form or offer publication, such information should be reliable, precise and corresponding. USER commits himself and agrees to inform of any further changes or modifications of his personal data, adapting them to his actual situation. Inaccuracy of the information exempts the SERVICE PROVIDER of any responsibility related to the lack of information about a user regarding offers and services in all cases when the SERVICE PROVIDER has been acting with due diligence in his communications. At any rate USER will be solely responsible for the false and inaccurate information and all the damage such information might cause to the SERVICE PROVIDER and other persons. In accordance with the aims of the present agreement the use of aliases and pseudonyms will not be ever considered as false information, unless they pose an obstacle to users' identification or result in non-payment for the correspondent services included in the contract with the SERVICE PROVIDER.

 

6. Procedure in case of inappropriate actions, incorrect or fraudulent data

In case some USER or other party presume that there exist facts or circumstances indicating inappropriate character of content and/or realization of such activities at the WEBSITE, in particular publication of images infringing copyright, non-fulfillment of commitments and obligations contained in the present terms of use or infringement of any other rights, the USER must send to the SERVICE PROVIDER a notification, providing the following information:

Personal data of the declarant, name, address, telephone number and e-mail;

Description of the presumed illicit activity realized at the WEBSITE and, in particular, if it involves a suspected copyright infringement, precise and accurate indication of a content qualifying for this category and its location on the WEBSITE;

Facts and circumstances pointing to the illicit nature of the above-mentioned activity.

In case of the rights infringement, the handwritten signature or its equivalent with the personal data of the holder of the presumably infringed rights or a person, authorized to act for and on his behalf.

The notification should be clear, and its author is responsible for the accuracy of the information in it implying that the fact of the inappropriate content use and the fulfillment of the aforementioned activities has really taken place.

The SERVICE PROVIDER immediately starts taking proper measures for elimination and, if necessary, erasure of the content qualifying for this category.

 

7. The demand to erase the ELIMINATED WEB PAGE from search engines

The SERVICE PROVIDER runs the WEBSITE but not the search systems like Google and suchlike, as soon as the content has been removed from the WEBSITE, USER can require the removal of whatever mentioning of this content from Google. In order to do this one should have or get a Gmail account registered and ask for the removal here: https://www.google.com/webmasters/tools/removals

To require the mention removal for such content from BING or YAHOO one should have or get a Hotmail account registered and ask for the removal here: http://www.bing.com/webmaster/tools/content-removal

 

8. Intellectual and industrial property

The WEBSITE publishes both the content of its own and that created by users. The SERVICE PROVIDER is the right holder and has the corresponding license for the entire WEBSITE content as an object of intellectual and industrial property rights, including the further listed, but not limited to: source codes, texts, images, logos, trademarks and designs.

With the exception of the cases of being authorized by the SERVICE PROVIDER or when it is permitted by the law, USER cannot copy, modify, spread, sell, rent or exploit in any other way the content of the WEBSITE. This does not refer to the user’s own content. Besides, USER can not perform the operations of decompilation, reverse engineering and other actions aimed at getting the source code contained by this WEBSITE.

By publishing their WEB PAGES USERS give to the SERVICE PROVIDER the non-exclusive, international, perpetual, irrevocable, royalty-free, sublicensed and transferrable for the aforementioned WEB PAGE exploitation (including its reproduction, distribution, publication, alteration and unlimited transmission to public) right upon the information published there, thus the SERVICE PROVIDER can use the above-mentioned information any way or manner available. The SERVICE PROVIDER reserves the right to eliminate the content if it violates the law, these Terms of Use or the rights of the others.

 

9. Guarantee and liability exclusion

9.1 Service Portal continuity of operations and availability

The SERVICE PROVIDER does not guarantee continuity of operations or availability of his SEVICES.

In addition, the SERVICE PROVIDER within legally defined limits will not assume any responsibility for any harm caused to users due to unavailability, inability to access or absence of the WEBSITE or its SERVICES continuity of operations.

 

9.2 The WEBSITE content and services

The SERVICE PROVIDER assumes responsibility exclusively for provided services and created content identified as his intellectual property. The abovementioned responsibility will be abrogated in cases that happen due to Force Majeure events or due to the insufficiency of the User’s hardware configuration to use the service provided by the SERVICE PROVIDER correctly.

Possible responsibility of the SERVICE PROVIDER before a user, as long as it does not contradict the above statements, is limited to the highest of the listed sums: (a) total sum that a user has paid to the SERVICE PROVIDER for 12 months prior to the action that has caused this responsibility, or (b) 100EU, except for any responsibility for consequential damage or lost income.

After the data have been removed from our databases, the portal does not assume any responsibility for the possible appearance of indexed WEB PAGES in search engines that are not directly relevant to this portal.

 

9.3 Third parties' content and services

The SERVICE PROVIDER does not view, control, check or own content, products, services, opinions, messages, data, archives or any type of information provided by the third parties and gathered at the WEBSITE. Besides, the SERVICE PROVIDER does not guarantee legitimacy, reliability, usefulness, veracity, precision, completeness and relevance of the third parties' information and services placed on the WEBSITE. Nor does the SERVICE PROVIDER guarantee in any form that Portal Users utilize its content and\or services according to the laws, regulations or in alignment with public order and current Terms of Use.

The SERVICE PROVIDER does not preemptively control and therefore does not guarantee the absence of viruses or other malicious elements in content or services, offered by the third parties, that may in any way change the hardware, files or archives stored on this Portal.

The SERVICE PROVIDER does not assume responsibility for uploaded content or actions, made by other users and for any harm and damage owing to virus activity or presence of other malicious elements in content or services, offered by the third parties. Nor does SERVICE PROVIDER assume responsibility for any harm and damage caused by negligible or malicious treatment of e-mail accounts that are used for WEB PAGE publishing or replies.

In any case, the SERVICE PROVIDER does not assume any indirect or subsidiary responsibility for economic or reputational losses or any other type of direct or consequential damage caused by the use of the website by a user.

The aforementioned abrogation of responsibility is applicable in cases when reliable information about the illegality of activity or stored data or about the reimbursable damages to property or rights of other parties caused by them has not been received by the SERVICE PROVIDER. It is also applicable when the SERVICE PROVIDER has been acting in good faith, removing such data or content or attempting to make it unavailable.

Possible responsibility of the SERVICE PROVIDER before a user, as long as it does not conflict with written above, is limited to the highest of the listed sums: (a) total sum that a user has paid to the SERVICE PROVIDER for 12 months prior to the action that has caused this responsibility, or (b) 100EU, except for any responsibility for consequential damage or lost income.

 

10. Paid electronic services

There are three types of products offered by the WEBSITE: banner, VIP profile and standard profile.

VIP PROFILE

Profiles are located above the Standard profiles on the common list.

Profiles are added to the «VIP prostitutes» section.

The VIP status icon is added to the profile.

The instant uplifting of the profile to the top of the list is available.

Adding video to the profile is available.

The profile publication fee is withdrawn daily.

 

STANDARD PROFILE (free of charge)

Profiles are located on the common list without any difference.

Such profiles are shown after VIP profiles.

The instant uplifting of the profile to the top of the list is available.

 

BANNERS: BANNERS can be ordered to promote your services in provinces.

All products have prices displayed in accordance with the country, they are available for viewing via the USER’S CONTROL PANNEL.

 

11. Service order arrangement

Publish and enter your WEB PAGE, choose the product you want to purchase. Select the preferred payment method – credit or debit card, bank account.

The purchased product will activate immediately when the payment has been made through the card. If you have selected the bank account as your payment method, you will have to provide us the photo proving the payment fact on the e-mail address we send you in this case.

 

12. Last stage of the sale

The last stage of the SERVICE PROVIDER service sale is made via two outsourcing firms, namely COMMERCEGATE. The WEBSITE does not receive payments on a regular basis and does not store USERS payment data.

On any issue regarding payments, you can contact the BANK that is our provider of the payment services.

If you were unsatisfied with the provided advertising service, contact us to be refunded 100% of the paid sum if it has been claimed within 24 hours and in proportion to the days of the contract if it has been claimed later.

 

13. Policy on fraud

The SERVICE PROVIDER takes all fraud actions regarding credit cards and banking operations made by our users very seriously. All users that have been spotted in such actions will be permanently blocked on our site and all their data will be provided to the law-enforcement agencies.

We remind you that in compliance with our Terms Of Service we can limit or terminate our services, delete the uploaded content and adapt any legal or technical means in order to keep any users from utilizing this WEBSITE if we assume that they cause any problems or are conflicting with our policy and beliefs, all these measures can be taken regardless of the amount of payment made for using THIS WEBSITE or additional services.

 

14. The WEBSITE modification and the website modification service suspension

The SERVICE PROVIDER reserves the right to perform whatever WEBSITE modifications he thinks necessary any time, arranging, improving and adding content, data or services. The above-mentioned modifications are implemented unilaterally and without prior notification regarding the terms both general and particular. The SERVICE PROVIDER reserves the right to modify and change them, to add new clauses implying new kinds of activities or services for expanding his activities or for adapting them to new laws and norms, which may appear. The aforementioned modifications will be obligatory from the moment of such laws or norms coming into effect and will be applied to users the moment they access the portal.

Service suspension

The SERVICE PROVIDER reserves the right unilaterally and without a prior notification to suspend the services or deny access to the portal temporarily or permanently to any user, who does not fulfill the present terms both general and particular or performs any actions illicit or conflicting with the law, disturbing the public order and ethics.

 

15. Duration, cessation and decision

The services provided by the Portal and its functioning have unlimited duration. Nevertheless, the SERVICE PROVIDER can temporarily suspend his services or cease them categorically any time, having a good reason for doing so. In such cases, the SERVICE PROVIDER commits to warn users about a temporary suspension or permanent cessation of his services by prior notifications.

In case of a unilateral decision of service cessation or a necessitated elimination of the portal, the SERVICE PROVIDER will inform you about the reasons of such a decision. In such cases the SERVICE PROVIDER commits to save the information, accumulated at his server, during 10 calendar days, after the expiration of which he will perform its blockage using methods defined by the currently existing norms regarding personal data protection, thus exempting himself from any kind of responsibility.

 

16. European Data Protection Law

In addition, to get access to some of the services, offered by the WEBSITE via the internet, one will have to provide certain personal data. Fulfilling of the Regulation (EU)2016/679 of the European Parliament and Council of 27 April 2016 concerning natural persons protection with regard to their personal data processing and free circulation of those data, we inform you, that by filling out these forms you will have your data incorporated and processed in the catalogs of the SERVICE PROVIDER in order to ensure the opportunity to provide and offer our services as well as to keep your aware of the improvements of our WEBSITE. Furthermore, we inform you of the opportunity to exercise the right of access, rectifications, cancellations and opposition with regard to the personal data on a cost-free basis, getting in touch by the contact e-mail addresses.

 

17. Legislation and jurisdiction

All issues related to the WEBSITE are governed by the Spanish laws and submit to the jurisdiction of judges and courts functioning on the territory of Spain.

The parties expressing denials in favor of their own legislation have to accept the priority of the legislation governing in this contract as the basic one (i.e. Spanish), in case of contradictions with regard to interpretations or implementations of these clauses, all the lawsuits decisions which may result from that, are imposed upon them, as well as obedience to judges and courts, except for the cases of accord with the consumer.