Terms of Use/Privacy Policy
TERMS OF USE AGREEMENT
GENERAL TERMS AND CONDITIONS
Pangaeaa Enterprises, Inc. ("Provider") is providing this website (the “Website”) to you subject to the following legal notices, terms, and conditions.
PLEASE READ THESE TERMS OF USE THOROUGHLY BEFORE USING THIS SITE. DO NOT USE THIS WEBSITE UNLESS YOU UNDERSTAND THESE TERMS OF USE AND AGREE TO ABIDE BY THEM. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS OF USE. IF YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE.
Provider may revise and update these Terms of Use at any time. Your continued usage of the Website will mean you accept those changes, if any. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website.
USE OF WEBSITE
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Provider. Provider reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Provider believes that customer conduct violates applicable law or is harmful to the interests of Provider and its affiliates.
In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
COMMISIONS AND PAYMENT TO SELLER
Remittance of Proceeds. Provider shall remit any sums due to seller (the "Seller Proceeds"), after first deducting Provider's posted fees and commissions, within thirty (30) days after the later of (i) the date of shipment of item to the buyer and (ii) the date when Provider verifies receipt of the payment from buyer. Payments will be made to seller by use of paypal.
If Seller Proceeds due to a seller amount to less than twenty five dollars ($25.00), Provider shall hold payment until the Seller Proceeds payable exceed $25.00
RELATIONSHIP/SALES TAXES
Provider is not a party to any transaction relating to any item sold on the Website. The Website is only a venue for sellers to list any original work of art, literature, music or any other such original work (collectively, the “Works”) and for buyers to purchase such Works. Provider shall have no obligation to transfer legal ownership of any items sold by a seller to a buyer, and nothing in this Terms of Use shall modify the governing provisions of any state or federal law, including without limitation, any state version of the Uniform Commercial Code.
Title to the Works does not pass to Provider. Sellers are the retailer for sales tax purposes. A seller shall file all sales tax returns in accordance with applicable law, and each seller shall indemnify Provider against any tax, cost or expense relating to the failure of such seller to satisfy any tax liability related to the sale of such seller’s Works.
PARTICIPATION REQUIREMENTS/REGISTRATION/USER INFORMATION
The Website is only available to individuals or entities that can form a legally binding contract. If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parents or guardians. If you register as a business entity, by accepting these Terms of Use, you represent and warrant to Provider that you have the authority to bind the entity to these Terms of Use.
In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website (such information being the “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You grant Provider and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. Provider cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Provider tools and services.
PRIVACY POLICY
User Information and certain other information about you are protected by our Privacy Policy. For more information, please see and read our full privacy policy.
SECURITY
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Provider of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Provider cannot and will not be liable for any loss or damage arising from your failure to comply with these security precautions.
MODIFICATIONS TO THE WEBSITE
Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. You agree that Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of Website.
TERMINATION
You agree that Provider, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website and remove and discard any of your personal information held by it, for any reason, including, without limitation, for lack of use or if Provider reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Provider may also in its sole discretion and at any time discontinue providing Website, or any part thereof, with or without notice. You agree that any termination of your access to Website under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Provider may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Website. Further, you agree that Provider shall not be liable to you or any third-party for any termination of your access to Website.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEBSITE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' BASIS ONLY. PROVIDER MAKES NO WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THESE PAGES, OR THE COMPUTER SERVER WHICH MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
PROVIDER MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF PROVIDER AND ITS SUPPLIERS. ACCORDINGLY, PROVIDER ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.
INDEMNIFICATION
You agree that you will hold harmless Provider and its shareholders, directors, officers, agents and employees from all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights.
LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE.
LINKS PROVIDED BY US
Provider may provide links on the Website to other websites which are not under the control of Provider. In general, any website which has an address (or URL) not containing 'Pangaeaa.com' is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Provider of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
LINKING TO OUR WEBSITE
You may provide hypertext links to this Website, provided that: (a) the link be a text-only link clearly marked 'Pangaeaa.com', (b) the link must 'point' to the URL 'http://www.Pangaeaa.com' and may ‘point’ to other profiles within the Website via the “Tell a Friend” feature, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Provider's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Provider is associated with or sponsored by Provider, (e) the link, when activated by a user, must display this Website full-screen and not within a 'frame' on the linked website, and (f) Provider reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by Provider.
OWNERSHIP/PROPRIETARY RIGHTS
Provider hereby grants you a limited license to access and make personal use of the Website. The trademarks, trade names, designs and all material contained on the Website, including, but not limited to, content, site design, text, graphics and all intellectual property rights thereto are the sole and exclusive property of Provider and its licensors.
The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by Provider or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Provider’ prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of Provider.
All text and electronic images on this Website are the intellectual property of Provider or its suppliers and contributors which may include registered copyrights, unregistered common law copyrights, registered trademarks or service marks. Any attempt to infringe upon or to circumvent these copyrights or trademarks or other intellectual property rights will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.
If you believe that your material or the material of another user has been wrongfully used in a way that may constitute copyright infringement, you must submit a notice to Provider containing the following information:
1. Name, address, telephone number and e-mail address;
2. Identification of the copyrighted work or other intellectual property that has been infringed;
3. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
4. Identification of where the infringing content is located on the Website, i.e. the complete URL directing Provider to all infringing material;
5. A statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent or the law; and
6. A statement that the information contained in the notice is accurate and a statement, under penalty of perjury, that you are the owner of the intellectual property or authorized to act on said owner’s behalf.
Pursuant to 17USC512(c)(2), our designated agent to receive notifications of claimed copyright (or any other intellectual property right) infringement is:
Orlando Palm, President
Pangaeaa Enterprises, Inc.
__7971 Wilkerson Lane __
Palmetto, GA 30268 _
After receipt of such notice, Provider shall investigate the alleged infringement. If a thorough investigation by Provider reveals an infringement of any copyright, patent, trademark, or other intellectual property right, Provider reserves the right to delete all infringing material from the Website and to suspend the infringing user from using the Website indefinitely. Upon suspending or deleting the infringing material, Provider shall attempt to provide the infringing user notice of such suspension as soon as practicable, however, providing such notice shall be at the discretion of Provider, and shall not be considered an obligation of Provider.
JURISDICTION/GOVERNING LAW
Provider is incorporated in the State of Delaware, United States of America. The Website and these Terms of Use shall be governed by and interpreted under the laws of the State of Delaware (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
You expressly agree that exclusive jurisdiction for any dispute with Provider, or in any way relating to your use of the Website, resides in the courts of the State of Delaware and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Delaware in connection with any such dispute including any claim involving Provider or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
INTERNATIONAL USE.
Recognizing the international nature of the Internet, you agree to comply with all rules, regulations, and laws regarding Website which are applicable to you. Provider is based in Atlanta, Georgia, in the United States of America. Provider makes no claims that the Website is appropriate or may be downloaded outside of the United States.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between you and Provider and governs your use of Website, superceding any prior agreements between you and Provider. You also may be subject to additional terms and conditions that may apply when you use the Website, third-party content or third-party software. The failure of Provider to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
These Terms of Use and the Provider’s Privacy Policy constitute the entire agreement between you and Provider with respect to the use of the Website.
QUESTIONS AND COMMENTS
Thank you for reading and agreeing to these Terms of Use.
Please direct any questions or comments regarding the Website by electronic mail to _info@panageaa.com___ or by standard mail to Provider at:
Pangaeaa Enterprises, Inc.
_7971 Wilkerson Lane______
_Palmetto, GA 30268______
________________________
(#443018)
Privacy Policy
Scope of Privacy Policy
This Privacy Policy describes how Pangaeaa Enterprises, Inc. (“Pangaeaa”) handles your personal information for our services on the Pangaeaa.com website (the “Site”). By accepting the Privacy Policy and the Terms of Use in registration, you, the user, expressly consents to Pangaeaa’s collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on January 1, 2008.
Collection of Personal Information
Each user can browse the Site without telling Pangaeaa who they are or revealing any personal information. Once a user gives provides Pangaeaa with such personal information, such user is no longer anonymous. If a user chooses to provide Pangaeaa with personal information, the user consents to the transfer and storage of that information on Pangaeaa’s servers located in the United States.
Pangaeaa may, in the course of performing its services on the Site, collect and store the following personal information:
- Email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
- Transactional information based on your activities on the Site (such as bidding, buying, selling, item and content you generate or that relates to your account);
- Shipping, billing and other information you provide to purchase or ship an item;
- Community discussions, chats, dispute resolution, correspondence through the Site, and correspondence sent to Pangaeaa, directly;
- Other information from your interaction with the Site, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Site, ad data, IP address and standard web log information;
- Information from other companies, such as demographic and traffic data; and Other supplemental information from third parties.
Marketing
Pangaeaa does not sell or rent the personal information of its users to third parties for their marketing purposes without such users’ explicit consent. Pangaeaa may combine user information with information it collects from other companies and use such information to improve and personalize its services, content and advertising.
Use of Personal Information
Pangaeaa’s primary purpose in collecting personal information is to provide its users with a safe, smooth, efficient, and customized experience. All users hereby agree that Pangaeaa may use a user’s personal information to:
- Provide the services and customer support the users request;
- Resolve disputes, collect fees, and troubleshoot problems;
- Prevent potentially prohibited or illegal activities, and enforce our Terms of Use;
- Customize, measure and improve services, content and advertising contained on the Site;
- Inform users about targeted marketing, service updates, and promotional offers based on such users communication preferences; and
- Compare information for accuracy, and verify it with third parties.
Disclosure
Pangaeaa may disclose the personal information of its users for the following purposes:
To respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety.
We may also share your personal information:
- To enforce Pangaeaa rules and policies;
- To respond to claims that a listing on the Site violates the rights of others;
- To protect the rights, property and safety of users;
- To help detect and prevent potentially illegal acts;
- To assist with Pangaeaa’s business operations (such as fraud investigations, bill collection, and affiliate and rewards programs);
- To respond to a verified request relating to a criminal investigation or alleged illegal activity. In such events, Pangaeaa shall only disclose information relevant to the investigation, including, but not limited to, name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.
- To provide other business entities such information, should Pangaeaa elect to merge with or be acquired by that business entity. (In the event of a merger or acquisition, if, Pangaeaa determines that a user’s personal information may be used contrary to this policy, Pangaeaa will use reasonable efforts to ensure such user receives prior notice.)
Without limiting the above, in an effort to respect the privacy of its users, Pangaeaa will not disclose its users’ personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, unless Pangaeaa believes, in its sole discretion and in good faith, that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
User IDs
User IDs may be displayed throughout the Site and therefore, that information shall be deemed to be made available to the public. All user activity on the Site is traceable to each user’s User ID. Other people on the Site have the ability to see items for sale, storefronts, feedback, ratings and associated comments. Notices are sent to other community members regarding suspicious activity and policy violations on the Site and refer to User IDs and specific items. Therefore, if a user associates their name with their User ID, the people to whom such user has revealed their name will be able to personally identify such user’s activities.
Using Information from the Site
The Site enables its users to share personal and financial information to complete transactions. Pangaeaa encourages its users to disclose to each other, their personal privacy practices and respect the privacy of other users. Pangaeaa cannot guarantee the privacy or security of all user information and therefore, Pangaeaa encourages its users to evaluate the privacy and security policies of their trading partners before entering into a transaction and choosing to share their information. To help protect its users’ privacy, Pangaeaa allows only limited access to other users’ contact, shipping and financial information to facilitate transactions. When users are involved in a transaction, they may have access to each other’s name, User ID, email address and other contact and shipping information. In all cases, users must give other users a chance to remove themselves from their databases and a chance to review what information users have collected about them.
You agree to use user information only for:
- Transaction-related purposes that are not unsolicited commercial messages;
- Using services offered through the Site; or
- Other purposes that a user expressly chooses.
Cookies
Pangaeaa utilizes “cookies” (small files placed on a user’s hard drive) on certain areas of the Site to help analyze the web page flow; customize Pangaeaa services, content and advertising; measure promotional effectiveness, and promote trust and safety.
All users should be aware of the following information concerning “cookies”:
- Certain features offered on the Site are only available through the use of cookies.
- Cookies are often used to help identify users and maintain their signed-in status.
- Most cookies are “session cookies,” meaning that they are automatically deleted from a user’s hard drive at the end of a session.
- Users are free to decline cookies if the user’s browser permits, although doing so may interfere with the user’s use of some of the Site’s services.
- Users may encounter cookies from third parties on certain pages of the Site that Pangaeaa cannot control. (For example, if a user views a web page created by another user, there may be a cookie placed by that web page.)
Spam and Spyware Policy
Pangaeaa does not tolerate spam. All users are prohibited from using the Site’s communication tools to send spam or otherwise send content that would violate Pangaeaa’s Terms of Use. Pangaeaa automatically scans and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but Pangaeaa does not permanently store messages sent through these tools. If a user sends an email to an email address that is not registered in the Pangaeaa community, Pangaeaa does not permanently store that email or use that email address for any marketing purpose. Pangaeaa does not rent or sell these email addresses.
User Passwords
A user’s password is the key to their account. Pangaeaa advises that its users use unique numbers, letters and special characters, and do not disclose their Pangaeaa password to anyone. If a user elects to share their password or personal information with others, that user is solely responsible for all actions taken in the name of their account. If a user loses control of their password, that user may lose substantial control over their personal information and may be subject to legally binding actions taken on that user’s behalf. Therefore, if a user’s password has been compromised for any reason, such user should immediately notify Pangaeaa and change their password.
Accessing, Reviewing and Changing Your Personal Information
All users have the ability to see, review and change most of their personal information by signing on to their personal Pangaeaa account. As a general rule, Pangaeaa does not manually modify its users’ personal information, as verifying its users’ identities from a remote location is too difficult a task. Users are encouraged to promptly update their personal information if it changes or is inaccurate. Once a user makes a public posting, that posting may not be able to be changed or removed. Pangaeaa retains personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.
Security
All user information is stored on Pangaeaa servers located in the United States. Pangaeaa treats this data as an asset that must be protected and, therefore, Pangaeaa utilizes any tools available to them, including, but not limited to, encryption, passwords and physical security, to protect its users’ personal information against unauthorized access and disclosure. Pangaeaa users should be aware that third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse personal information that they collect from the Site. Therefore, Pangaeaa does not guarantee that personal information or private communications will always remain private.
Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information Pangaeaa collects from its users. If users choose disclose personal information to third parties, different rules may apply to their use or disclosure of the information disclosed to such third party. Pangaeaa does not control the privacy policies of third parties, and all users are subject to the privacy policies of those third parties where applicable.
Paramount Provision
Pangaeaa reserves the right to amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms automatically take effect thirty (30) days after they are initially posted on the Site.

