NO PURCHASE NECESSARY TO ENTER OR WIN. You must have Internet access and a valid e-mail address to participate. Pangea Day (“Contest”) begins at 12:00:00 AM Eastern Time (“ET”) on June 15, 2007 and ends at 11:59:59 PM ET on Tuesday, January 15, 2008.

1. Eligibility

The Contest is open to legal residents age 13 or older, of any nation, state, territory, country, or autonomous area on the Planet Earth (Contest is void where prohibited, taxed or restricted by law, rule or regulation). Those persons who are current employees of RealTime Media, Inc., are not eligible to enter or win.

The Contest is not open to an Entrant who:

(i) has been convicted of a felony, has an outstanding arrest warrant against him/her, or currently has felony charges pending against him or her.

(ii) has been convicted of any crime (felony or misdemeanor) or has ever had a restraining order issued against him/her which Sponsors determine, in their sole discretion, involves conduct of moral turpitude. By participating in the Contest, Entrants agree to these Official Rules and to the decisions of the judges whose decisions are final and binding in all respects. All federal, state and local laws and regulations apply. Entrants agree to complete a background questionnaire and to undergo a background investigation if the Sponsors so decide, and to sign all necessary releases and authorizations in connection therewith, and to sign any additional documentation Sponsors may require in connection with the Contest.

2. How To Enter

There is no limit to the number of entries per person or email address that can be submitted throughout the length of the Contest.
To enter the Contest following the steps as outlined below:

STEP 1:
Register with YouTube. [http://www.youtube.com] If you are already a YouTube member, you can skip this step.

STEP 2:
Join the Pangea Day group on YouTube. [http://www.youtube.com/group/pangeaday] 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. [http://www.youtube.com/group/pangeaday]

STEP 4:
Submit your film form to Pangea Day group
Please note: a separate film form is required for each film you submit to Pangea.

All information collected will be treated in a manner consistent with Sponsor�s privacy statement, which is available at www.pangeaday.org/privacypolicy.org

3. Contest Prizes

A select number of Contest winners will be chosen by the judges from all eligible entries received on or about April 15, 2008. The exact number of Contest winners will be decided by the judges and will be based on the structure and requirements of the Panega Day event. Films will be selected by Jehane Noujaim and a jury of top filmmakers. The jury will be looking for compelling films which provoke, entertain, move or inspire. Selected winners will have their films screened during Pangea Day�s 4-hour program on May 10, 2008. Films may later be developed into a feature length film. Certain filmmakers may be invited to attend one of the live events on Pangea Day. All decisions of the judges shall be binding and final.

4. Eligibility Verification and Releases

On or about April 15, 2008, the potential winning entrants will receive notification via electronic mail and phone that he/she has won and will have ten (10) days from receipt of winning/alternate notification to confirm that the notification has been received; otherwise, such potential winning Entrant will forfeit all rights to receive the prize and an alternate potential winning/alternate entrant will be selected. After confirming notification receipt, the potential winner/alternate will receive via United States Postal Mail and/or overnight mail an Affidavit of Eligibility/Compliance & Publicity/Liability Release form (“Affidavit and Release”). This Release form must be completed, signed, notarized and returned to RealTime Media within two (2) days of receipt of documents or potential winner will forfeit prize.

If a potential winning entrant cannot be contacted, is ineligible, fails to return the completed and executed Affidavit and Release within the specified period, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit the prize and an alternate potential winner will be selected. The prize will also be forfeited if the Prize Notification is returned undeliverable. Entry in the Contest constitutes permission for, but not an obligation of, the Contest Entities to use Entrant’s name and likeness for programming, advertising and promotional purposes without notice or further compensation, except where prohibited by law.

INFORMATION ABOUT 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, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Pangea Day Website and Pangea Day’s (and its successor’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 also 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, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website.
The foregoing license granted by you terminates once you remove or delete a User Submission from the Pangea Day Website.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pangea Day to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website.
Pangea Day does not guarantee any confidentiality with respect to any submissions.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party 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; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Pangea Day does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pangea Day expressly disclaims any and all liability in connection with User Submissions. Pangea Day does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Pangea Day will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Pangea Day reserves the right to remove Content and User Submissions without prior notice. Pangea Day will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Pangea Day also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or 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 Service at any time, without prior notice and at its sole discretion.

5. Proof of Authorization

Contest entry will be deemed made by the authorized account holder of the email address submitted at time of entry. 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. A potential winner must provide the Sponsors with satisfactory proof that he/she is the authorized account holder of the email address associated with the potentially winning entry.

6. Disqualification

Entrants found tampering with or abusing any aspect of this Contest or acting contrary to these Rules will be disqualified. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Releases and Indemnity

Sponsors are not responsible for (i) late, lost, delayed, damaged, misdirected, incorrect, incomplete, ineligible or unintelligible entries; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission, computer systems, telephone lines, hardware or software malfunctions, misdirected or other errors, failures, dropped computer connections that are human and/or technical in nature; (iv) any condition caused by events beyond the control of Sponsors that may cause the Contest to be disrupted or corrupted. 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 causes which, in their sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Contest. In such event, Sponsors reserve the right to award the prizes from among the eligible entries received up to the time of the impairment. Only the stated number of prizes will be awarded. In no event will more prizes be awarded than those listed in Rules #3.

Each Entrant agrees to release, discharge, hold harmless, and covenants not to sue, The Sapling Foundation, Avenue A | Razorfish, RealTime Media, Inc., and any organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, and any of their respective parent, subsidiary, affiliated and successor companies, licensees, affiliates and advertisers and their respective officers, directors, agents and employees (collectively, �Releasees�) from and against any claims or liabilities arising from or relating to determinations of the Judges, selection of winners, disqualification of any Entrant, travel to and lodging at any location, the acceptance or use/misuse of any prize, and any other claim or liability of any nature arising from or relating to Entrant�s participation in the Contest, including, without limitation, any claim for personal injury, wrongful death, breach of contract, misrepresentation, invasion of privacy or right of publicity, defamation, infliction of emotional distress or otherwise.

8. Disputes

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

9. Winners List

To receive the list of winners, send a self-addressed stamped envelope for receipt 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.

Sponsored by:
The Sapling Foundation
55 Vandam St.
New York, NY 10013

Administrated by:
RealTime Media, Inc.
1060 First Avenue
Suite 201
King of Prussia, PA 19406

Terms & Conditions

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the www.pangeaday.org domain name, the “Pangea Day Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF PANGEA DAY’S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.pangeaday.org/privacypolicy.html 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.

2. Pangea Day Website

Pangea Day reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service on a regular basis for any changes. Pangea Day will update the “Last Updated” date above whenever a change is made to these Terms of Use. Your use of the Pangea Day Website following any amendment of these Terms of Service will signify your assent to and acceptance of the revised terms.

These Terms of Service apply to all users of the Pangea Day Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Pangea Day Website may contain links to third party websites that are not owned or controlled by Pangea Day. Pangea Day has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pangea Day will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Pangea Day from any and all liability arising from your use of any third-party website. Accordingly, 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 as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted 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 will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. 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 your losses caused by any unauthorized use of your account, you may be liable for the losses of 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 human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Pangea Day grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pangea Day reserves the right to revoke these exceptions either generally or in specific cases. 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. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4. Intellectual Property Rights

The content on the Pangea Day Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Pangea Day, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the applicable Content owner(s). Pangea Day reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the 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 of the Pangea Day Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Pangea Day Website or the Content therein.

5. User Submissions

A. The Pangea Day Website may now or in the future permit the submission of videos or other communications 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.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pangea Day to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You agree to pay all royalties, fees and other monies owning by any person by reason of your User Submissions. For clarity, 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, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Pangea Day Website and Pangea Day’s (and its successor’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 also 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, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Pangea Day Website.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party 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; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate 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 Content and User Submissions without prior notice, at any time, for any reason or no reason, and without liability. Pangea Day does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pangea Day expressly disclaims any and all liability in connection with User Submissions. Pangea Day has no obligation to monitor User Submissions for inappropriate or unauthorized Content or conduct, and if Pangea Day chooses to monitor such User Submissions, nonetheless Pangea Day assumes no responsibility to you or other users for such Content. Pangea Day does not condone copyright infringing activities and infringement of intellectual property rights on its Website, and Pangea Day will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Pangea Day will also terminate a user’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Pangea Day also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or 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 Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an 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 that is to be removed or access to which is to be disabled 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 electronic mail;
(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 re. Copyright Agent as the subject heading.

E. You understand that when using the Pangea Day Website, you will be exposed to User Submissions from a variety of sources, and 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 agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pangea Day with respect thereto, and agree to indemnify and hold Pangea Day, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

6. Community Participation

While Pangea Day encourages debate, it discourages, in the strongest terms, attack. People in a community will always disagree because they are full of opinions and preferences and Pangea Day encourages heated debate on topics of interest to the community. Personal attacks, however, are a direct violation of Pangea Day’s agreement with you and will result in the immediate suspension of your membership and privileges.

The posts are also not the place for commercial postings of any kind (including, though not limited to 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 the above. 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.

If you post a comment 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. Pangea Day may edit, remove, modify, publish, transmit or display the posting as it sees fit. You waive all moral rights that you may have in having the material altered or changed in a manner not agreeable to you. Notwithstanding the preceding, Pangea Day agrees to solely edit any post for formatting purposes and to modify or delete posts if we determine, in its sole discretion, that it is libelous, defamatory, obscene, pornographic, threatening, detrimental to our or someone else’s safety or property, or is in violation of any law to which Pangea Day may be subject.

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.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE PANGEA DAY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PANGEA DAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PANGEA DAY WEBSITE. PANGEA DAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PANGEA DAY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PANGEA DAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL PANGEA DAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PANGEA DAY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PANGEA DAY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE 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 Pangea Day Website is appropriate or available for use in other locations. Those who access or use the Pangea Day Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

You agree to defend, indemnify and hold harmless Pangea Day, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Pangea Day Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Pangea Day Website.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Pangea Day Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Pangea Day Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pangea Day without restriction.

12 General

You agree that: (i) the Pangea Day Website shall be deemed solely based in New York; and (ii) the Pangea Day Website shall be deemed a passive website that does not give rise to personal jurisdiction over Pangea Day, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Pangea Day that arises in whole or in part from the Pangea Day Website shall be decided exclusively by a court of competent jurisdiction located in New York, NY. These Terms of Service, together with the Privacy Notice at http://www.pangeaday.org/privacypolicy.html 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. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service 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 Service 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 MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact Information:

Please contact Pangea Day with any questions or comments about Terms of Use policy by sending an email to info@pangeaday.org.