Your access to and use of this site is subject to the following:
Your privacy is very important to us. We designed our Data Policy
and Profile Terms
(both of which can be found below these Terms) to make important disclosures about how you can use PASH to share with others and how we collect and can use your content and information to improve and provide this service to you. We encourage you to read the Data Policy
and Profile Terms
, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on PASH (assuming you complied with all applicable laws in the creation of that content). In addition: 1. For content that is covered by intellectual property rights, like stories, photos and videos (IP content), you specifically provide us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content, or portion thereof, that you post on or in connection with PASH (IP License). 2. You acknowledge that any transactions between users shall occur independently between such users, and in some cases, such transaction may occur on a third-party website (i.e., www.ebay.com
, etc.). As such, you are encouraged to review the data policies for these third-party websites for a complete understanding of their storing and sharing practices. PASH has no knowledge of, or control over, such storing and sharing practices, and makes no warranty or representation regarding the same. You agree that, PASH, its officers, directors, shareholder and its employees will not be liable for any damages, under any principal of law, arising out of the use or inability to use this website or anything accessed through this website. You agree that PASH is not liable for your or anyone else’s reliance on information obtained from PASH, this website, or a third party who is featured on this website. You agree that PASH is not liable for mistakes, omissions, interruptions deletions of files or e-mails, errors, defects, viruses, delays in operations or transmission of any failure of performance, whether or not resulting from acts of god, communication failures, theft, destruction or unauthorized access to PASH's records, tampering in PASH’s website or services.
3. When you publish a post, it means that you are allowing everyone, including people off of PASH, to access and use that information, and to associate it with you. 4. We always appreciate your feedback or other suggestions about PASH, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them. 5. PASH is not a storage service. You agree that, except as required by law, we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide. 6. PASH generally does not review content provided by users. You agree that we are not responsible for third parties' (including other users') content or information or for any damages as result of your use of or reliance on it. You are responsible for deciding if you want to access or use third party apps or sites that link from PASH. 7. You shall not collect, use, copy, or transfer any information obtained from PASH or use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” or “mirror” or “frame” PASH or any related data or information. 8. You acknowledge and agree, to the fullest extent of the law, that the entire risk arising out of access to and use of PASH services, including the website, remains with you.
We do our best to keep PASH safe, but we cannot guarantee it. We need your help to keep PASH safe, which includes the following commitments by you: 1. You will not post unauthorized commercial communications (such as spam) on PASH. 2. You will not collect users' content or information, or otherwise access PASH using automated means (such as harvesting bots, robots, spiders, or scrapers). 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on PASH. 4. You will not upload viruses or other malicious code. 5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user. 7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 8. You will not post content containing alcohol-related ads, dating or other mature content (including advertisements). 9. You will not use PASH to do anything unlawful, misleading, malicious, or discriminatory. 10. You will not do anything that could disable, overburden, or impair the proper working or appearance of PASH, such as a denial of service attack or interference with page rendering or other PASH functionality. 11. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
PASH users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You will not provide any false personal information on PASH, or create an account for anyone other than yourself without permission express permission from PASH. 2. You will not create more than one personal account. 3. If we disable your account, you will not create another one without our express permission. 4. You will keep your contact information accurate and up-to-date. 5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 6. You will not transfer your account (including any profile you administer) to anyone without first obtaining our written permission. 7. If you select a username or similar identifier for your account or profile, we reserve the right to remove or reclaim it if we believe it is appropriate, including if it is misleading in any way (e.g., it is a celebrity name that is not your real legal name, a trademark owner complains about a username that does not closely relate to a user's actual name). 8. You will not override any security feature.
5. Protecting Other People's Rights
6. Mobile and Other Devices
1. We may provide you mobile applications, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. 2. In the event you change or deactivate your mobile telephone number, you will update your account information on PASH within 48 hours to ensure that your messages are not sent to the person who acquires your prior number. 3. You provide consent and all rights necessary to enable users to sync their devices with any information that is visible to them on PASH.
You acknowledge that any transactions between PASH users shall occur independent of PASH and between such users, and in some cases, such transaction may occur on a third-party website (e.g., www.ebay.com
, etc.). No exchange of money for payments to third parties shall occur directly through PASH. The parties to transactions between PASH users agree that PASH shall have no liability for the results of such transactions. If you purchase any of our paid services (“Premium Services”), you agree to pay us the applicable fees and taxes and that failure to pay these fees will result in the termination of your subscription. PASH reserves the right to charge profile membership fees, for example, for commercial entities (as defined below), including establishing different fees based on various factors, including but not limited to, the size of the entity, the usage on PASH, etc. As a promotion, from time to time, PASH may waive such fees or charges for a limited period of time, but PASH reserves the right to apply such fees in the future after such promotion. Profile membership fees for commercial entities are waived through the earlier of 12/31/2018 or when PASH ends the promotion. Also, your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). Further, you authorize us to store and continue billing your payment method (e.g. credit card) to avoid interruptions in your subscription service.
8. About Advertisements and Other Commercial Content Served or Enhanced by PASH
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following: 1. In consideration for your use of the site and its information, you give us permission to use, without compensation, your profile (including related images or pictures), content, and all other information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that a business or other entity will pay us for certain advertising spots, without any compensation to you. We may from time to time provide you with a list of related advertisements and give you the opportunity to select the advertisement presented on your profile. We will use reasonable efforts to accommodate your selection, but reserve the right to replace your selection with another related advertisement in our sole discretion. 2. We do not sell our members' data. We do use data that our members authorize us to consider for purposes of placing before our members relevant ads. 3. You understand, subject to applicable law and the circumstances, that we may not always identify paid services and communications as such. 4. By using PASH services you agree we can collect and use content and information in accordance with the Terms as may be amended by re-posting here from time to time.
9. Special Provisions Applicable to Software and Third Party Content (e.g., RSS Feeds)
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. You may not use the PASH content in any commercial product or service without our express written consent, which may be revoked at any time. In addition, you may not create apps, extensions, or other products or services that use PASH content or information in any way. You also may not aggregate or otherwise use PASH content in a manner that serves as a substitute for PASH to any degree. You also agree not to use PASH services in any way unless expressly authorized by PASH. PASH may also make available third party content, e.g., RSS Feeds. The RSS Feeds on PASH may contain copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, music and sound (“RSS intellectual property”). That RSS intellectual property is owned and retained by its original owner. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the RSS Feed(s), in whole or in part. You may download copyrighted material for your personal, non-commercial use only, provided that you include all attribution, copyright and other notices contained in the content and that you do not modify the content. Except as otherwise expressly permitted under copyright law, no other use, such as copying, reproduction, redistribution, retransmission, publication or commercial exploitation of downloaded material, will be permitted without the express permission of the RSS Feed copyright owner is permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us or for any other reason in PASH's sole discretion, we can stop providing all or part of PASH services to you. We may also delete your account at any time and for any reason, in our sole discretion, including, but not limited to, if legal requirements make it unreasonable for PASH to continue to offer services to you. Any amounts owed to PASH prior to termination remain owed after termination.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or PASH exclusively in the U.S. District Court for the Southern District of California or a state court located in Los Angeles County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. 2. You agree that you are financially responsible for any claim against us arising from any content you provide. If anyone brings a claim against us related to your actions, content or information on PASH, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on PASH and are not responsible for the content or information users transmit or share on PASH We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on PASH We are not responsible for the conduct, whether online or offline, of any user of PASH. 3. WE TRY TO KEEP PASH UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PASH AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PASH WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PASH WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PASH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PASH EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PASH WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PASH'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with PASH outside the United States: 1. You consent to having your personal data transferred to and processed in the United States. 2. You will not use PASH if you are prohibited from receiving products, services, or software originating from the United States. 14. Definitions
1. By "PASH" or” PASH services” or “we” we mean the features and services we may make available, including through our website at www.PASHpost.com
and any other PASH branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions). PASH reserves the right to designate, in its sole discretion, that certain of our services are governed by separate terms and not these Terms. 2. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with PASH. 3. By "content" we mean anything you or other users post, provide or share using PASH services. 4. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from PASH or provide to PASH. 5. By "post" we mean post on PASH or otherwise make available by using PASH. 6. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.