Terms of use

User Responsibility

1.1 You are fully responsible for the content you host and are responsible for identifying, understanding and complying with all applicable laws, rules and regulations, including, but not limited to, civil law, intellectual property rules, protection of personal data, privacy and ways of using our technology, as well as regulatory measures, obtaining licenses, permissions or authorizations by public bodies, professional records and respect for regulations issued by them. Furthermore, it acknowledges and declares that:

a. Fully accepts and undertakes to comply with the rules of this term of use, as well as observe all other documents and policies of the Platform, subjecting itself to penalties for non-compliance;

b. You are the legitimate owner of all the rights to the contents, infoproducts, products and/or services made available through Panda Video or, even if you are not the owner, you are legitimated by it;

c. You are fully aware that you will not, under any circumstances, be compensated for any type of problem or damage arising from the use of the Platform;

d. You must keep your subscription payment up to date and keep your registration data up to date;

e. You may not make attempts to hack, copy or invade the Platform or any type of copyright violation, including the prohibition of publishing third-party content without express authorization;

f. You may not host fraudulently or illegally, being aware that its use will be immediately suspended and you will be liable civilly and criminally for your actions;

g. You are of legal age or, if you are a minor, you are emancipated, and have full capacity for all acts of civil life, being the responsibility of the parents or legal guardians to monitor and supervise the use of the minor child in their activities. If your child is underage and is using your account without permission, please contact us immediately so we can disable access.

1.2 The user is responsible for ensuring that the insertion of any material on his site does not violate or infringe the rights of third parties and does not contain defamatory or illegal content. The user must not use content that:

a. Infringes any third party copyright or other rights (eg video plagiarism, trademark infringement, copyright, privacy rights, etc.);

b. Be defamatory;

c. Be harassing or abusive;

d. Contains discriminatory or hate speech;

e. Promotes or supports terror or hate groups;

f. Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;

g. Exploits or threatens minors;

h. Depicts or encourages self-harm or suicide;

i. Depicts actual unlawful acts of extreme violence, vivid, realistic or graphic acts of violence or brutality, sexualized violence including rape, torture, abuse and humiliation, or animal cruelty or extreme violence towards animals;

j. Promotes fraudulent or dubious money-making schemes, proposes an illicit transaction, or uses deceptive marketing practices;

k. Contains false or misleading allegations (fake news) on any subject that aims to deceive or annul information and may cause individual or collective damage;

l. Violate any applicable law.

1.3 Panda Video may, but is not obliged, to analyze, monitor and remove User Content at any time, provided that the user is aware that the material hosted is subject to denouncements through a specific channel. We reserve the right to suspend or cancel, at any time, your access to the application in case of suspected fraud or by court order. In these cases, you will not be owed any compensation, and Panda Video will be able to promote the competent return action, if necessary, as well as take any other measures necessary to pursue and safeguard its interests.

1.4 If someone understands that some content violates their rights, they can send a report by filling out the Form provided according to the motivation:

• Report Copyright Infringement;
• Report Violation of Intimacy, Pornographic Content and the like;
• Other types of reports.

Once the Form has been completed, PANDA VIDEO, if the complaint in question does not address a hypothesis that authorizes/justifies the immediate removal of the content, in accordance with current Brazilian legislation and in accordance with the Terms of Use, will communicate to the User and will grant a period of up to 10 days for him to exercise his defense. If the User does not respond within the deadline, PANDA VIDEO may, but is not obliged to, remove the reported content, informing the Notifier and communicating the measure to the producer. If the User recognizes the illegality of the content, PANDA VIDEO will remove the content, informing the Reporter.

1.5 Any and all claims, in judicial or extrajudicial proceedings, filed against Panda Video, alleging violation of any third party rights or infringement of any legal or contractual provision related directly or indirectly to the content made available by the user through Panda Video or by denouncing the dispute, in the event that the procedure involves the intervention modality, subject to the user, who from now on undertakes to pay the expenses related to the claim, such as costs and fees, and any other amounts related to the eventual condemnation of Panda Video, indemnifying it to the maximum extent of the losses suffered.

1.6 The user is solely responsible for his login and all activities that occur under his account, including unauthorized activities.

1.7 The user agrees that he will indemnify and hold Panda Video and its employees harmless from all claims, demands, claims, damages, losses, costs, liabilities and expenses of third parties, including attorneys’ fees, arising out of or relating to content posted by through the Platform and on allegations of actions or omissions that (regardless of whether proven) would constitute a user violation of these Terms of Use.

1.8 The user must observe the correct tax treatment of any sale of his products, Panda Video has no responsibility for the collection or lack thereof of any taxes owed by the user.

Subscription and transfer limits

2.1 We may offer free trials or discounted subscriptions. Currently our trial period lasts 30 days, and the user can start the paid plan at any time. It is important to note that the bandwidth is limited during the testing period, with the user being aware that the video should not be used in production during this period.

2.2 When the user signs up for their subscription through the paid plan, the subscription is charged immediately, and the next charge will always be made 30 days after activating the plan and so on.

2.3 The user can upgrade and downgrade the plans at any time, however, in case of upgrade, the proportion of the smaller unused plan will be deducted, and added to the larger plan to be used until the next invoice.

2.4 Purchase of additional bandwidth/storage will be added to the next invoice.

2.5 The user is responsible for managing the amount of bandwidth contracted and used. If the user exceeds the contracted bandwidth limit, postpaid bandwidth will be charged in the amount of BRL 0.30/GB, and the user may suspend and use the prepaid bandwidth at any time. It is important to point out that, if the bandwidth limit is exceeded, the videos will continue to be played, and postpaid bandwidth will be automatically charged.

2.6 In case of consumption of postpaid bandwidth above the allowed limit of the account, this band will be charged immediately (each account has a limit based on consumption). We inform you that the amounts charged for subscription refer to the subscription itself and/or additional items, and not to what was used.

2.7 If the user no longer wants to use the Platform services, he/she must cancel the subscription accordingly. It is important to point out that billing invoices will continue to be generated, regardless of use, until the moment of cancellation.

2.8 As soon as the user cancels, he will lose access to the account and the videos will be stored for 30 days, counting from the cancellation date, and will be deleted after the aforementioned period.

2.9 If someone understands that some content violates their rights, they can send a report by filling out the Form provided according to the motivation

Possible crash/platform instability

3.1 We, at Panda Video, work to offer the best experience to the user, making the maximum effort to guarantee the provision of innovative services with continuity and security. Eventually, the Platform may present some instabilities caused by technical reasons, however, most of the reported problems refer to problems caused by the user himself. Thus, we inform you that:

a. Videos that experience small instabilities (such as videos that are “hanging”) are usually related to the connection of our servers with the user’s equipment, Panda Video having no responsibility for this event;

b. Some users may have integration problems (when they embed the video in the wrong way, impairing its proper functioning), Panda Video having no responsibility for this event;

c. It is important to point out to infoproducers that they may eventually experience integration problems with other platforms that only offer the possibility of integrating with competing platforms, Panda Video having no responsibility for this event.

Term and Termination

3.1 If you violate these Terms of Use, Panda Video may, at its discretion:

a. terminate this Agreement immediately, with or without prior written notice;

b. suspectnder, delete or limit access to your account (and other accounts you control) or any content therein;

3.2 Acceptance of these Terms grants the user non-exclusive use of the Platform, with features as they are, but which may be modified, replaced or removed at any time, without prior notice and without this generating any right to indemnity.:

Forum

17.1 The district court of São Paulo is elected as the only competent court to resolve any disputes regarding the interpretation and fulfillment of this Agreement, regardless of any other, however privileged it may be.: