Welcome to SwiftPanda!
1. ACCEPTANCE OF TERMS OF USE
By using and/or visiting this website, SwiftPanda.com (collectively, including all content and functionality available through the SwiftPanda.com domain name, the "SwiftPanda Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) SwiftPanda's privacy policy, and (3) future amendments and modifications (collectively referred to as the "Agreement"). By entering, you agree to be bound by these terms and conditions. If you do not agree to any of these terms, the SwiftPanda privacy policy, or other Agreements, then please do not use the SwiftPanda.com.
Although we may attempt to notify you when major changes are made to this Terms of Service, you should periodically review the most up-to-date version. The terms and conditions of this Agreement are subject to change by SwiftPanda at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use SwiftPanda.com.
The terms and conditions contained herein apply to all users of SwiftPanda and you are only authorized to use SwiftPanda if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
It is our pleasure to provide the SwiftPanda Services for your personal enjoyment and entertainment. To enjoy SwiftPanda, you must agree to, and follow, the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting the SwiftPanda.com, you are agreeing to these Terms. Please take a moment to carefully read through these Terms.
2. DESCRIPTION OF SERVICE
SwiftPanda.com ("SwiftPanda", "we", or "us") provides an online video service offering a selection of anime and related videos. Our video service, our Video Player, and any other feature, tools, applications, materials, or other services offered from time to time by SwiftPanda.
SwiftPanda website may also contain certain links to third party websites which are in no way owned, controlled, or monitored by SwiftPanda. SwiftPanda assumes no responsibility for the content, terms of service, privacy policies, and practices of any and all third party websites. Furthermore, you acknowledge and accept that SwiftPanda will not be held liable for any all liabilities arising for your use of any third-party websites.
SwiftPanda.com is for your personal use and enjoyment and shall not be used for any commercial endeavors except specifically endorsed or approved by SwiftPanda.com. SwiftPanda allows its users/viewers to view the Content and Website subject to the terms and conditions of this Agreement. We hope you have a great time here at SwiftPanda.com.
3. ACCESS AND USE OF SWIFTPANDA WEBSITE
Access. In order to use this website, you affirm that you are at least twelve (12) years of age.
Your License. SwiftPanda is happy to provide you a limited license to view the Content and to use the SwiftPanda Website for non-commercial purposes as set forth in these Terms.
The Content. You may only view the Content personally and for a non-commercial purpose. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by SwiftPanda in writing. The Content covered by this restriction includes any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. You may not incorporate the Content into any hardware or software application.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the Content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located.
Embedding a Video Using the Video Player. You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that contains or hosts content that is unlawful, infringing, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to SwiftPanda (in SwiftPanda's sole discretion), or links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application.
Ownership. You agree that SwiftPanda owns and retains all rights to the SwiftPanda Website. You further agree that the Content provided to you and other users as part of the SwiftPanda Website is owned by SwiftPanda and SwiftPanda's licensors. The SwiftPanda Website and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the SwiftPanda safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use the SwiftPanda for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree not to use the SwiftPanda in a way that:
No Spam/Unsolicited Communications. We understand the annoyance and frustration that can be accompanied by unwanted email or instant messages from people you do not know. Therefore, no one may use the SwiftPanda Website to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you send spam, advertising, or other unsolicited communications of any kind through the SwiftPanda Website or to the SwiftPanda Website, you acknowledge that you will have caused substantial harm to SwiftPanda and that the amount of such harm would be extremely difficult to measure.
Downloads. In order to participate in certain SwiftPanda services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may have to change, suspend, or discontinue--temporarily or permanently--some or all of the SwiftPanda Website with respect to any or all users, at any time without notice. You acknowledge that SwiftPanda may do so in our sole discretion. You also agree that SwiftPanda will not be liable to you for any modification, suspension, or discontinuance of the SwiftPanda Website.
Advertisements. SwiftPanda does not take any responsibility for advertisements or any third party material on the SwiftPanda website, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using SwiftPanda.com are between you and the advertiser, and you agree that SwiftPanda is not liable for any loss or claim that you may have against an advertiser.
4. PAYMENTS
Access and using SwiftPanda is completely free! We hope you can come to our website with the most ease. If we feel it is appropriate to charge for certain premium SwiftPanda services, we will, of course, notify you. You then will have an opportunity not to use such premium SwiftPanda Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet or the computer.
5. INTELLECTUALLY PROPERTY AND COPYRIGHT
All content included on this web site, including text, graphics, logos, buttons, icons, and images, is the property of SwiftPanda.com, its licensors or its content suppliers, and is protected by U.S. and international copyright and trademark laws. The compilation of all content on this web site is the exclusive property of SwiftPanda.com and is protected by U.S. and international copyright laws.
6. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE SWIFTPANDA WEBSITE, YOU AGREE THAT USE OF THE SWIFTPANDA WEBSITE IS AT YOUR OWN RISK. THE SWIFTPANDA WEBSITE, INCLUDING THE SWIFTPANDA.COM AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SWIFTPANDA DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE SWIFTPANDA WEBSITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL SWIFTPANDA OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SWIFTPANDA WEBSITE (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE SWIFTPANDA'S OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OWNERS OF SWIFTPANDA FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SWIFTPANDA WEBSITE.
8. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the SwiftPanda Website, including through a link, infringes your copyright, you should notify SwiftPanda of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which SwiftPanda receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to SwiftPanda's Copyright Agent at support@swiftpanda.com (subject line: "DMCA Takedown Request").
9. ASSIGNMENT
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SwiftPanda without restriction.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.