A. Definitions:
B. This agreement ("Agreement") is a legally binding contract between You and Outpan.
C. This Agreements covers both free and paid Applications.
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
Accepting the Agreement on Your Own Behalf
1. In order to use Outpan.com as a user, You accept this Agreement and agree to all the terms therein.
Minors
2. If You are 17 years old or younger, You must have one of Your parents’ or one of Your legal guardian's permission to use Outpan.com and they have to accept the terms in this Agreement on Your behalf. Outpan reserves the right to take ANY necessary actions in case you don’t comply with this term, including but not limited to terminating this Agreement and deleting Your user account.
Accepting the Agreement on Behalf of a Third-Party
3. If You are accepting this Agreement on behalf of a third-party, You confirm that You have the FULL legal authority to do so. If you lack such authority, You shall not accept this Agreement and You shall not use Outpan.com on behalf of the third-party. Outpan reserves the right to take ANY necessary actions against You in case You don’t comply with this term, including but not limited to seek damages against You.
Terminating the Agreement
4. You may terminate this Agreement by deleting Your user account, from Outpan.com. You may delete Your user account by emailing hi@Outpan.com with the subject “Delete My User Account”. Once Your request is received by Outpan, it may take up to 5 days for Outpan to process the request. Please note that once Your user account is deleted, You will no longer be able to use the Applications You may have purchased through Outpan.com (for more info You may contact the Developer)
5. Outpan may terminate this Agreement for ANY reasons with a 30-day written notice to You, via email or mail.
6. Outpan may terminate this Agreement, without a 30-day written notice if:
a. You breach ANY terms of this Agreement;
b. Outpan is compelled by law to do so;
c. Outpan decides to cease operations.
Responsibilities of the Parties
7. You agree that You will comply with ANY applicable regulations and laws, including but not limited to ALL privacy, and Intellectual Property laws and regulations that may apply.
8. You agree that You will communicate with other users or Developers on Outpan.com with candour and respect. Outpan reserves the right to take any necessary actions against You, if You do not comply with this term.
9. You agree that You are solely responsible for Your use of Outpan.com, including but not limited to any damages or loss suffered by Outpan, and the Application Developers, and any privacy or Intellectual Property claims made against you.
10. You agree that You may not sell, rent, copy, broadcast or make available any Application You accessed through Outpan.com, without the written permission of Outpan or the Developer of the Application. If You breach this term, Your are solely responsible for any claim(s) made against You.
11. You agree that You indemnify Outpan for any damages Outpan may sustain as a result of You breaching any terms of this Agreement.
12. You agree that Outpan is not responsible for any issues that may arise from Your use of the Applications that are made available on Otpan.com and that You shall resolve such issues directly with the Developer of the Application.
13. You are responsible for any fees incurred from third parties in connection with Your use of Outpan.com. Such fees include but are not limited to Your Internet Provider fees.
14. You agree that You shall keep Your login information and Your Outpan user account secure. You shall not share such information with anyone, except, in case of a minor, with Your parent(s) or legal guardian(s).
15. You agree that You shall not collect any personal data of any user of Outpan.com, including but not limited to user account names (usernames).
16. You agree and understand that You will use Outpan.com at Your own risk and that Outpan.com is provided “AS IS” and “AS AVAILABLE” without warranties of any kind.
17. You agree that Outpan reserves the right to use or publish the reviews You may write on Outpan.com, for advertising purposes.
18. Any data and information collected according to this Agreement will be handled in accordance to the applicable laws.
Warning Against Use
19. NONE of the Applications made available on Outpan.com are intended for use in critical operations that may cause death, injury or any other damages, including but not limited to hospitals, emergency communications, airplane operations, navigation.
Purchases
20. When You purchase an Application through Outpan.com or commence using an Application which is provided on Outpan.com, You enter into a separate contract with the Developer of that Application. That contract is different and separate from this Agreement.
21. Your contract for the purchase of an Application is completed once You receive a confirmation email from Outpan.com.
22. Pricing and availability of the Applications made available on Outpan.com are subject to change at any time prior to purchase.
23. Taxes apply to all purchases from Outpan.com. You agree that You shall comply with all applicable tax laws in Your jurisdiction.
24. All sales are final, and no refunds are permitted. If a refund is granted for any purchase, once the refund has been processed by Outpan, You may no longer be able to access the purchased Application.
Changing the Agreement
25. You agree that You read and understand this Agreement and that You actively review the Agreement, during Your use of Outpan.com.
26. Outpan reserves the right to change this Agreement at its own discretion and at any time.
27. Outpan agrees to give You notice immediately after it makes any changes to this Agreement.
28. You agree to read the Agreement and check any changes that have been made immediately after being notified. If You do not agree with the changes, You may terminate this Agreement pursuant to s.4 of this Agreement within 7 days of the date on the notice. If 7 days pass and You continue Your use of Outpan, that constitutes Your agreement to the changes.
Disputes
29. If You and Outpan cannot resolve any dispute arising from this Agreement via negotiation and mediation, then the parties may choose other alternative dispute resolution methods or litigation.
Applicable Laws
30. This Agreement and any dispute arising thereof shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada and applicable federal laws of Canada, notwithstanding the principles of conflict of laws.
Jurisdiction
31. You agree to and waive any objections to the jurisdiction of the Courts of British Columbia, Canada, over any legal issue and dispute arising from this Agreement.