Terms of Use

Terms of Use

Welcome to Pampadour!

Please read these Terms of Use (these “Terms of Use”) fully and carefully before using www.Pampadour.com
(the “Site”) and the services, content, or features offered by
Pampadour, LLC (“Pampadour,” “we,” “us,” or “our”) (together with the
Site, the “Services”). These Terms of Use set forth the legally binding
terms for your use of the Services.

Other Words: We know Terms of Use can often be a little confusing, but
they exist to create a harmonious relationship between a site/service
and a user. So please read the Terms of Use thoroughly before joining
Pampadour! In using Pampadour, you are agreeing to these Terms of Use.

Key Terms

“You” means a person (“User”) that completes our account registration
process, as described under “Account Registration” below and who submits
to the Site.

“Content” means text, graphics, images, music, software, audio, video,
information, or other materials, including the infrastructure used to
provide such Content.

“Work(s)” means any and all Content that You post, upload, publish,
submit, or transmit to be made available through the Site or Services.

In Other Words: A list of relevant definitions throughout the Terms of
Use. If you see capitalized terms, be sure to refer back here or
earlier in the provision for the definition!

Eligibility

The Site and Services are intended solely for persons who are thirteen
years of age or older. Any access to or use of the Site or Services by
anyone under thirteen years of age is prohibited. By accessing or using
the Site or Services, You represent and warrant that You are thirteen
years of age or older.

In Other Words: You must be at least 13 years old to use the Site and Services.

License & Site Access

Pampadour grants You a limited, revocable, nontransferable,
nonexclusive license to access and use this Site. You may not use any
metatags or any other “hidden text” utilizing Pampadour’s name or
trademarks without the written consent of Pampadour. You may not use the
Site in such a manner that threatens the integrity, security,
performance, or availability of the Site. Any unauthorized use, as
determined solely by Pampadour, terminates this license.

Other Words: Feel free to copy certain content on Pampadour as long as
you aren’t copying Pampadour copyrighted work or work created by other
User on the site. However, you cannot use Pampadour’s site in any
modifying or derivative way, for data mining purposes, or in any other
way that exploits or takes advantage of what Pampadour has created,
including its intellectual property.

Account Registration

order to access certain features of the Site and Services and to post
any Work on the Site or through the Services, you must register to
create an account (“Account”). You will not share your password, let
anyone else access your Account, or do anything else that might
jeopardize the security of your Account. You will not transfer your
Account to anyone without first getting our written permission.
Pampadour reserves the right to suspend or terminate your Account if any
information provided during the registration process or thereafter
proves to be inaccurate, not current, or incomplete.

Other Words: Sharing your password or access to your Pampadour account
poses a security issue! If you are going to transfer your account to
someone else, please contact Pampadour first to get permission. If you
use false information in creating your account or information turns out
to be incomplete or outdated, Pampadour may suspend or terminate said
account.

Privacy

See our Privacy Policy at www.Pampadour.com/privacy for information and notices concerning Pampadour’s collection and use of your personal information.

Work

Pampadour permits You to post, upload, publish, submit, or transmit
Work. Pampadour does not claim any ownership rights in any Work, and
nothing in these Terms of Use restricts any rights that you may have to
use and exploit any Work. By making available a Work through the Site or
Services, you grant Pampadour a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free license, with the right, to
use, copy, distribute, publicly display, publicly perform, transmit,
stream, broadcast, access, view, and otherwise exploit such Work through
the Site or Services. You are solely responsible for all Work that you
make available through the Site and Services. You may not use a false
e-mail address, impersonate any person or entity, or otherwise provide
any misleading information as to the origin of a Work. Pampadour
reserves the right (but not the obligation) to remove such Work without
notice, but does not regularly review posted content.

In Other Words: Pampadour allows its users to create its own content
such as posts, videos, and more. That content all belongs to you, the
creator, but this also means that you are accountable for that content,
so please be responsible! In uploading your own content, you have given
Pampadour the right to use said content in any legal way it sees fit.

You promise that your content is not damaging to Pampadour, other
users, or others and does not otherwise breach others’ rights. Pampadour
may (but does not have to) remove any content that does not abide by
these parameters, but bear in mind that with the volume of content on
the site, it is not possible for Pampadour to keep tabs on every single
posting!

Disclaimers and No Liability

YOU UNDERSTAND THAT WHEN USING THE SITE YOU WILL BE EXPOSED TO WORKS
AND PRODUCTS FROM A VARIETY OF SOURCES THAT ARE FALSE, MISLEADING,
INCOMPLETE, INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE AND THAT
PAMPADOUR HAS NO CONTROL OVER ANY USE OF YOUR WORKS ON THIRD PARTY
WEBSITES. YOU UNDERSTAND AND ACKNOWLEDGE THAT PAMPADOUR IS NOT
RESPONSIBLE OR LIABLE FOR ANY OF THESE OCCURRENCES. YOU AGREE TO WAIVE,
AND DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY
HAVE AGAINST PAMPADOUR REGARDING SUCH EXPOSURE AND USE. FURTHER,
PAMPADOUR DOES NOT ENDORSE ANY WORKS AND PRODUCTS OR ANY OPINION,
RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND PAMPADOUR SPECIFICALLY
DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY
WARRANTIES IN CONNECTION WITH WORKS AND PRODUCTS. THE CONTENT, WORKS,
AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF
ANY KIND, WHETHER EXPRESSED OR IMPLIED.

In Other Words: Pampadour is not responsible for users’ content and
works and for other third party’s products and websites. Also, you
cannot sue Pampadour for others’ unlawful conduct.

Security

Pampadour cares about the security of its users and works to protect
the security of your Work and Account. However, Pampadour cannot
guarantee that unauthorized third parties will not be able to defeat
security measures. Please notify us immediately of any compromise or
unauthorized use of your Account.

In Other Words: Security is a serious issue, and Pampadour keeps this
in mind when designing and running its Services. But the fact is, there
is no such thing as 100% security. Please help us keep up by letting us
know if you think there is any suspicious activity related to your
Account.

Third-Party Links, Sites, and Services

Our site may contain links to third-party websites, services, or other
content that are not owned or controlled by Pampadour. Pampadour does
not endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access any third
party website, service, or content from Pampadour, you do so at your own
risk and agree that Pampadour will have no liability arising from your
use of or access to any third-party website, service, or content.

You release Pampadour from any and all liability arising from your use of any third-party website, service, or content.

In Other Words: Because users curate their own collections, there will
be plenty of content from and links to outside sources. Unfortunately,
Pampadour has no control over said outside sources, so you are viewing
these sources and content at your own risk. Pampadour cannot be
responsible for any issues you may have with these third parties.

Notice and Procedure for Making Copyright or Other IP Infringement Claims

It is Pampadour’s policy to respond promptly to notices of alleged
intellectual property infringement that comply with the Digital
Millennium Copyright Act (“DMCA”). For more information, please go to Pampadour’s DMCA
Notification Guidelines. Pampadour will promptly terminate your access
to the Site if You are determined by Pampadour to be a “repeat
infringer” as specified in said guidelines.

In Other Words: Given that Pampadour revolves around intellectual
property, protection of intellectual property is a high property. If
someone has infringed on your copyright, trademark, or other
intellectual property, please file a claim with us immediately so that
we can look into it.

Indemnity

You shall defend, indemnify, and hold harmless Pampadour and its
owners, directors, employees, contractors, and agents from all
liabilities, claims, and expenses, including reasonable attorneys’ and
accountant fees, that arise from or relate to your use or misuse of, or
access to, the Services or Content, or otherwise from your Work, breach
of these Terms of Use. Pampadour reserves the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate
with us in asserting any available defenses.

In Other Words: You promise not to hold Pampadour liable for any
issues that arise from your use or misuse of Pampadour, from your own
content, from violating these Terms of Use.

Change or Termination

Pampadour may, without notice, change the Site or Services, stop
providing the Site, Applications, or Services, or create usage limits
for the Site or Services. Pampadour may permanently or temporarily
terminate or suspend your access to the Site or Services with notice for
any reason or for no reason, including if in our sole determination you
violate any provision of this Agreement. Upon termination of this
Agreement or your access to the Site or Services for any reason or no
reason, you will continue to be bound by these Terms of Use, which, by
their nature, survive termination, including without limitation
ownership provisions, warranty disclaimers, indemnity, and limitations
of liability.

In Other Words: Pampadour might change or shut down its services with
notice. It might suspend or terminate individual users’ access for any
reason, including breach of these Terms of Use. But if Pampadour does
terminate your access, you are still bound by these Terms of Use because
certain aspects of the Terms of Use still apply to you as a former
user, even if your relationship with Pampadour is no longer active.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance
with the laws of the State of New York, including its conflict of laws
rules, and the United States of America. You agree that any dispute
arising from or relating to the subject matter of these Terms of Use
shall be governed by the exclusive jurisdiction and venue of the state
and federal courts in New York, New York.

You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of, related to, or connected with
the use of the Site or these Terms of Use must be filed within one (1)
year after such claim or cause of action arises.

In Other Words: Should there be any reason for a dispute to be
addressed, it needs to be determined ahead of time where it will be
addressed and under which laws. This provision means you agree that the
ONLY place a dispute related to the Terms of Use can be addressed is in
New York County of New York State within one year of the issue’s
occurrence.

Remedies

You agree that Pampadour’s remedy at law for any actual or threatened
breach of these Terms of Use would be inadequate and that Pampadour
shall be entitled to specific performance or injunctive relief, or both,
in addition to any damages that Pampadour may be legally entitled to
recover, together with reasonable expenses of any form of dispute
resolution, including attorneys’ and accountants’ fees. No right or
remedy of Pampadour shall be exclusive of any other, whether at law or
in equity, including damages, injunctive relief, attorneys’ and
accountants’ fees, and expenses. No instance of waiver by Pampadour of
its rights or remedies under these Terms of Use shall imply any
obligation to grant any similar, future, or other waiver.

In Other Words: The kind of damage that can be caused by a breach is
not limited to just financial loss. Because of that, this provision
establishes that Pampadour can also ask for specific performance (an
order that a certain action be done) or injunctive relief (an order that
a certain action be ceased) along with damages arising from financial
loss as well as other costs related to resolving a dispute. This
provision also states that getting one form of damages does not mean
that other forms of damages are excluded.

General Terms of Use

Changes to these Terms of Use and Notification Thereof

Pampadour may revise these Terms of Use from time to time. If any
revision materially alters your rights or obligations, you will receive
written notice electronically of such change. By continuing to access or
use the Site after revisions become effective, you agree to be bound by
the revised Terms of Use. If you do not agree to the new terms, please
stop using the Site.

In Other Words: Sometimes, Pampadour will need to contact you; this
provision allows Pampadour to do so by electronic means (e.g., e-mail).
The most common instance would be when there is a change to the Terms of
Use. Pampadour will let you know of those kinds of changes. If you
don’t agree to a change to the Terms of Use, you must stop using
Pampadour; your use of Pampadour after changes to the Terms of Use means
that you have accepted those changes.

Assignment

These Terms of Use and any rights and licenses granted hereunder may
not be transferred or assigned by You but may be assigned by Pampadour
without restriction. Any attempted transfer or assignment in violation
hereof shall be null and void.

In Other Words: Your agreement to abide by the Terms of Use and any
rights you gain by doing so is limited only to you; you can’t assign or
transfer those rights and agreement to anyone else, though Pampadour can
assign them.

Entire Agreement/Severability

These Terms of Use, together with the Privacy Policy and any
amendments and any additional agreements you may enter into with
Pampadour in connection with the Site, shall constitute the entire
agreement between you and Pampadour concerning the Site. If any
provision of these Terms of Use is deemed invalid, then that provision
will be limited or eliminated to the minimum extent necessary, and the
remaining provisions of these Terms of Use will remain in full force and
effect.

In Other Words: The relevant pages here, as well as the Privacy Policy
and any additional agreements you enter into with Pampadour, make up
the whole of the agreement between you and Pampadour. If, for some
reason, a part of the agreement is determined to be invalid, we need to
make sure that the rest of the agreement remains valid despite that,
which is what this provision allows for.

Headings

The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.

No Waiver

No waiver of any term of these Terms of Use shall be deemed a further
or continuing waiver of such term or any other term, and Pampadour’s
failure to assert any right or provision under these Terms of Use shall
not constitute a waiver of such right or provision.

In Other Words: The enforceability of the Terms of Use will not change because of the parties’ course of conduct.

Force Majeure

Pampadour shall not be liable for any failure to perform our
obligations hereunder where such failure results from any cause beyond
our reasonable control, including, without limitation, mechanical,
electronic, or communications failure or degradation.

In Other Words: “Force majeure” is French for “superior force” and
refers to any circumstances that are extraordinary and beyond the
control of the parties in a contract. This provision protects Pampadour
from being liable for any such uncontrollable incidents.

Agency

No agency, partnership, joint venture, or employment relationship is
created as a result of these Terms of Use, and neither party has any
authority of any kind to bind the other in any respect.

Other Words: Agency refers to authority that can be given to a party
to act on behalf of another. But the Terms of Use are just an agreement
to guide usage of Pampadour. The Terms of Use aren’t indicative of an
agency relationship. That is, Pampadour cannot act on your behalf, and
you cannot act on Pampadour’s behalf.

Contact

You may contact us at the following address: Pampadour LLC, Attention:
Customer Service, 52 Pond Road, Great Neck, NY 11021, contact@pampadour.com.
Please be aware that while we are happy to receive feedback, your
contacting us with feedback does not legally necessitate our enforcement
or implementation of such feedback.

Effective Date of Terms of Use: December 31, 2013