Information collection and use
Panda is the sole owner of the information collected on pandaexpress.com, pandainn.com, hibachisan.com and pandarg.com (collectively, this “Site”). Information is collected about you when you use and/or contact us through this Site including, without limitation to, information you provide on registration pages and other online forms, surveys, and through submissions through this Site. We will not rent or sell the information to any unaffiliated third parties in any way not described in this statement, or authorize any of our third party partners to sell or rent any such personal information. We only gather personal information when voluntarily submitted as discussed within this statement. We do not authorize third parties unaffiliated with Panda to make independent use of your information for their own purposes, such as for direct marketing. Additionally, we may share your information with our affiliates, franchisees, licensees, lenders, investors and/or third party providers.
We may at time administer surveys, hold contests, or supply special offers to our database of users who have elected to let us contact them by e-mail or text messaging. Participation in any of these on-line programs is voluntary, and our guests will always have the option to not supply information and/or opt out of programs. Information collected may include contact information, demographic information and opinions. Information may be used by third parties working on our behalf to contact a guest if they have won a contest, send special offers, or help us to determine the likes and preferences of consumers to better enhance our food, restaurants, overall customer experience, websites, and marketing. We will never make any of the information collected available to third parties other than solely on our behalf.
The information collected may be combined with other information collected about you and may be used to help us better understand and serve our customers including, without limitation to, responding to your requests for information and/or services, providing you with information about new products or services, enhancing our customers’ and Site users’ experiences in our restaurant locations or on this Site and conducting research and analysis and to otherwise measure the effectiveness of Panda’s online and offline marketing efforts.
When you view our website we may store information on your computer called a "Cookie." A Cookie helps us to tailor our website to match your preferences and interests. Most Internet Browsers allow you to erase, block or give you a warning before a Cookie is stored. You will be able to visit most of the areas on our websites without a cookie being stored. Further information about cookies can be found at http://www.microsoft.com/info/cookies.htm.
You may submit Personal Information via your cell phone, smartphone, and tablet. If you use any location-enabled products, you may be sending us location information. Panda does not store or use this information other than to provide the service you requested. For example, a mobile product may use GPS data to find a nearby restaurant you requested. Location-enabled features are opt-in and you have control over your participation and can turn these services off at any time.
Panda uses a variety of new technologies and social media options to communicate and interact with consumers. These websites and mobile applications include popular social networking and media sites, such as, Twitter and Facebook. If you post updates to or receive updates from www.twitter.com, www.facebook.com, and other social networking websites, during the Promotion Period via SMS from your wireless phone, your wireless-service provider may charge you for each text message you send and receive. You must consult your wireless service provider regarding its pricing plans, as rates may vary. Use of third party social networking websites, such as, Twitter and Facebook, are governed by the privacy practices of those websites. Panda does not capture or store your login information or any other personally identifiable information for Twitter, Facebook, and other social networks, however, session information or cookies may be stored on your wireless phone, by their websites.
Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve our customers through improved products, services, and revisions to the mobile applications. This collected information will not identify you to Panda. It may, however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country and language of download.
Use of 3rd party services such as social sharing sites (e.g., Facebook and Twitter) is governed by the privacy practices of those services. Panda does not capture or store your login information or other Personal Information for these services, however session info or cookies may be stored.
Mobile Information Sharing
Panda does not share any collected information with 3rd parties with the following exceptions:Panda may provide some personal data to third-party partners that are providing services essential to your mobile user experience. All requests are sent through your mobile carrier's network and your carrier may have access to it. Consult your carrier's privacy policies for additional information.
Certain mobile products and services and manufacturers allow you to interact and share your information with others. For example, you may want to Tweet or post to your Facebook page content from a Panda mobile application. Consult your mobile device manufacturer, or mobile product or application developer's privacy policies for additional information
Mobile marketing promotions and advertising
If you participate in any advertising or marketing promotions the information that you provide will be handled in accordance with the Privacy Statement specific to said promotion which cannot and does not apply to this Privacy Statement.
Wireless promotional opportunities
Panda may provide users and viewers with the opportunity to register for special promotions via mobile text messaging and other wireless devices. Users are required to provide their consent to receive such information from Panda, either by registering on our website or via your wireless device. Promotional opportunities may be provided by the Panda, and/or Panda’s third party service providers. The Information requested as part of the online registration process may include, but is not limited to, a user's telephone number or a wireless email address (only if specifically requested), and your mobile carrier's name.
Please note that most wireless transmissions are not secured and there is a greater risk of an unknown third party's interception of messages or a user's Personal Information when using a wireless communications device.
Users that register for Panda's wireless services acknowledge, understand and agree that they may be charged by the user's wireless carrier for all messages between Panda and the user. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will our website, Panda, or its affiliates be held responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
Termination of wireless services by user
Users may revoke their consent to receive mobile messages for marketing promotions from Panda and/or its affiliates by the following procedure:
A user may cancel one or more services via his/her wireless device at any time by using the unsubscribe mechanism provided by Panda at the time the message is sent, or by sending a text message that says "PANDASTOP" or “STOP”. Panda will terminate the user's registration for the most recent wireless service sent to the user. Any of these words in the user's termination request will cancel all of the user's registered wireless services with Panda. If the user unsubscribes from one or all of Panda service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user's previous opt-in.
Use of information
Panda will not use a wireless telephone number, wireless or conventional internet email address, or other Information submitted for its wireless marketing promotions for any other purpose than to provide the services requested, unless we provide to you advance notice of any other use. We will not share any Personal Information with third party service providers unless you opt-in for such disclosure.
We love having your children visit our websites with you, and hope our websites are fun and educational for your children. However, child privacy law states you cannot provide us with personal information if you are under the age of 13. If you do provide us with personal information, you represent that you are at least 13 years old. We ask that parents register any Panda Cards purchased for their children in the name of the parent of guardian. We do not knowingly request, solicit or collect personal information from any person we know to be under the age of 13. In the event that we receive actual knowledge that we have collected or received personal information from anyone under the age of 13, we will immediately delete that information from our database as soon as practicable. If a parent or guardian becomes aware that his or her child has provided personally identifiable information or otherwise made posts to this Site, the parent or guardian should contact us so that we can delete such information.
Confidentiality and Security of Personal Information
If you wish to change or delete your registration information or opt-out of any promotional materials please click on the link, "Quick Contact," at www.pandaexpress.com. To update or find out more about your Panda Express gift card, please visit us at www.pandaexpress.com/giftcards/agreement
Panda Restaurant Legal
Panda Restaurant Group, Inc. requires that all visitors to this website agree to these terms and conditions ("Terms and Conditions"). If you do not agree, you should not use this website. By accessing this website, you indicate your acknowledgment and acceptance of these Terms and Conditions.
Restrictions on Use
The text, images, graphics, sound files, animation, video and/or their arrangement on Panda Restaurant Group, Inc. website are all subject to intellectual property right protection and such material from www.pandarg.com, www.pandaexpress.com, www.pandainn.com, www.hibachisan.com, www.pandacares.org and any other world wide website owned, operated, licensed or controlled by Panda Restaurant Group, Inc., or any of its related, affiliated or subsidiary companies (collectively "Panda Restaurant Group, Inc.") may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Panda Restaurant Group, Inc. Modification or use of the materials for any other purpose violates Panda Restaurant Group, Inc. intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site, but remain with Panda Restaurant Group, Inc., who owns full and complete title to the material in this site.
All remarks, suggestions, ideas, graphics, or other information communicated to Panda Restaurant Group, Inc. through this website (collectively the "Submission") will forever be the property of Panda Restaurant Group, Inc. Panda Restaurant Group, Inc. will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Panda Restaurant Group, Inc. operations. Without limitation, Panda Restaurant Group, Inc. will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Panda Restaurant Group, Inc. will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to this website, you acknowledge that you are responsible for whatever material you submit, and you, not Panda Restaurant Group, Inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. Panda Restaurant Group, Inc. does not warrant or make any representation regarding the use of the materials contained in this website in terms of correctness, accuracy, reliability or otherwise. The material in this website may include technical inaccuracies or typographical errors, and Panda Restaurant Group, Inc. may make changes or improvements at any time.
No Warranties or Representations
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PANDA RESTAURANT GROUP, INC., DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PANDA RESTAURANT GROUP, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PANDA RESTAURANT GROUP, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ACCORDINGLY, BY USING THIS INFORMATION YOU AGREE THAT PANDA RESTAURANT GROUP, INC. (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE FOR DAMAGES OF ANY KIND.
Intellectual Property Rights
The following list of trademarks used herein are owned by Panda Restaurant Group, Inc.
Panda Inn, Panda Inn with Panda Bear design, Panda Panda, Panda Bear With Bamboo design, Baby Panda Bear design, Hibachi-San, Panda Express, Panda Express with Baby Panda Bear design, Panda, Panda Panda, Panda Panda with Two Panda Bear design, Two Panda Bear Logo, Panda Express Chinese Fast Food and design, Panda Inn and design, Panda Express Gourmet Chinese Food and design, Panda Café, Hibachi-San and design, Great Panda, Great Panda and design, Panda and design, Panda Cares, Panda Cares and design, Panda Mania, Panda Kids, Panda Kids Express Gourmet Chinese Food and design, Panda Preservation Patrol, Panda Preservation Patrol Panda Express Gourmet Chinese Food and design, Panda Bear with Bamboo design (in square), Panda Bear with Bamboo design (in square), Panda Card, Panda Inn Mandarin Cuisine and design, Cropped Bear design, Panda Inn Mandarin Cuisine and design, Eddie, Tom-Tom, Mandarin Sky, Panda Pak, Experience Pandamonium.
Proper Use of Our Site
This website is made available to provide information about Panda Restaurant Group, Inc. in both the United States and elsewhere. However, certain of the information made available on this website applies only to Panda Restaurant Group, Inc. in the United States and to operations within the United States. For example, information made available on this website regarding menu items, menu item availability and nutritional information is made available only with respect to Panda Restaurant Group, Inc. menu items in the United States. Press information available on this website is only intended for media seeking information about our operations within the United States.
You may not use this website for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this website. You promise that none of your communications with or through the website will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through the website will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this website in any manner.
You agree to defend, indemnify and hold Panda Restaurant Group, Inc., its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the website, including, without limitation, your use of the website in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
These terms and conditions will be governed and interrupted pursuant to the laws of the State of California, inside the United States of America, notwithstanding any principles of conflict of laws. This is the entire agreement between the parties relating to the use of this website. Panda Restaurant Group, Inc. can revise these terms and conditions at any time by updating this posting. Panda Restaurant Group, Inc. products and services are available in many parts of the world. However, the Panda Restaurant Group, Inc. website may describe products and services that are not available worldwide. This website may be linked to other sites which are not maintained by Panda Restaurant Group, Inc. Panda Restaurant Group, Inc. is not responsible for the content of those websites.
Panda express gift card agreement
Read terms and conditions that apply to the prepaid account of your card.
© 2015 Panda Restaurant Group, Inc. All rights reserved.
Panda Express Gift Card Agreement
Congratulations on your purchase or receipt of a Panda Express Gift Card (the or your "Card"). The following Panda Express Gift Card Agreement describes the terms and conditions that apply to the prepaid account of your Card. By using your Card, you agree to the terms of this agreement between you and Panda Restaurant Group, Inc., a California corporation, and its affiliates (including, among others, Panda Express, Inc.). Please keep a copy of this agreement for your records.
About your account, panda express purchases only
The Card is issued to you by Panda Restaurant Group, Inc. It allows you to load a dollar value on to your Card for future purchases at participating Panda Express stores. The dollar value that you load onto your Card is a prepayment only for the goods and services (but cannot be used to purchase other gift cards) of participating Panda Express stores. No credit card, credit line, overdraft protection or deposit account is associated with the Card. Unless otherwise required by law or permitted by this agreement, any amount on your Card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to your Card will accrue or be paid or credited to you by Panda Express. The value associated with the Card is not insured by the Federal Deposit Insurance Corporation (FDIC), or any other governmental or quasi-governmental agency.
Most Panda Express locations in the United States accept your Card. Certain Panda Express-branded locations may not permit you to use the Card for payment, including some airport, grocery, stadium, casino, theme park, hospital, and university locations, or stores in Puerto Rico and those outside of the United States. We reserve the right not to accept the Card or otherwise limit use of the Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Loading value on your card
In the United States, you can load a dollar value on the Card by using a credit card, debit card or cash by visiting any participating store. You may not load more than $500 worth of value to your Card. The minimum amount that must be loaded onto your Card is $10 at participating stores. Panda Express may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call or on the Panda Express web site, and such change shall not constitute an amendment to this agreement.
Fees and expiration of card balances
Panda Express does not charge any fees for the issuance, activation or use of your Card. Your Card has no expiration date.
Receipts and statements
Cardholders are not sent statements of itemized transactions from a Card account. You can check the balance of your Card by calling 1-888-532-7126 or review recent transactions on your Card by calling 1-800-877-8988. You will need to have your Card available in order to access your account. The account balance for a Card also will appear on your receipt from a point-of-sale register. When you use your Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Card and will provide the remaining balance of your Card. You should keep your receipts and check your online statement to ensure that your account balance is correct.
Gift cards will be redeemed for cash, upon a customer’s request, when the gift card balance falls below $10.
Billing errors, corrections
We reserve the right to correct the balance of your Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Card, please call Guest Relations at 1-800-877-8988. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability for unauthorized transactions
Because your Card is used like cash for purchases from Panda Express, you are responsible for all transactions associated with your Card, including unauthorized transactions. If your Card is lost, stolen or destroyed, the Card cannot be replaced.
Changes to this agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your Card, we will notify you of any change, addition or deletion by email. In addition, we will post the terms to the modified agreement on our website. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice, or (2) you use your Card after such notice period. If you do not accept the changes, additions or deletions, your Card will be cancelled and any amounts remaining on your Card will be refunded to you.
Cancellation of this agreement
We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Card account less any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting our Guest Relations department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Los Angeles, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of punitive damage claims and class actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing law — California
This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules. Your Card is issued by Panda Restaurant Group, Inc., 1683 Walnut Grove Avenue, Rosemead, California 91770.
Disclaimers and limits of liability
Panda Express and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Panda Express does not represent or warrant that your Cards will always be accessible or accepted. In the event that Panda Express or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Card. Panda Express and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Panda Express or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement, Construction
This agreement is the complete and exclusive statement of agreement between you and Panda Restaurant Group, Inc., and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Inquiries or questions
If you have any questions regarding this agreement or your Card, please visit our web site at PandaExpress.com or call us at 1-800-877-8988.
For additional terms and conditions related to consumer information and privacy matters, please see our privacy page.
California Supply Chain Act
California Transparency in Supply Chain Act of 2010
Panda's standard agreement for its food sourcing suppliers does not require suppliers to comply with applicable labor laws, although Panda is considering doing this in 2012. Panda, however, conducts annual assessments of its food sourcing suppliers. In addition, Panda expects to expand this assessment to obtain additional information about these vendors' activities related to the California Transparency in Supply Chains Act of 2010, including, where appropriate, preliminary risk assessment and supplier assessment questions, and later steps may take the form of requests for certification and/or audits. Panda primarily utilizes a third party for verification and audit processes. Panda also expects to evaluate whether supplemental training and/or changes in accountability standards and procedures for employees and/or contractors are appropriate.
User Generated Content Terms & Conditions
CONSENT FOR USE OF CONTENT ("CONSENT")
1. Use Of Name, Handle, Text, Photo, And Likeness: I hereby grant to Panda Restaurant Group, Inc. ("Panda"), its parents, subsidiaries, affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") and those acting under their authority the right and permission to use my name and/or handle, image, likeness, text and/or photograph that I post to a social media platform such as but not limited to Twitter, Facebook and Instagram (collectively, the "Content") onto the www.pandaexpress.com website, www.orangechickenlove.com website, www.celebratecny.com website, Panda-operated pages on Facebook, Instagram, and Twitter, and other marketing materials, websites and social media platforms (collectively, the "Platforms"). I agree that the Content may be edited, distributed, published, exhibited, digitized, displayed, reproduced, and otherwise used, on the Platforms, anywhere in the world, at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties and their products and/or services. I agree that I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms of this Consent), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and I irrevocably waive any and all so-called moral rights I may have in the Content.
2. Compliance With Terms For Third-Party Platforms: I acknowledge and agree that in order to post Content on the Platforms, I will be and remain to be in compliance with the terms and conditions of such Platforms.
3. Takedown: If I want my Content removed from the Platforms, I will send a message to the following: Digital@PandaRG.com. Panda will promptly remove the Content from the Platforms after receipt of the request for removal.
4. Representations And Warranties/Indemnification: I represent and warrant as follows: (a) I am the owner of and have the right to post the Content and consent to the use of the Content as set forth herein; (b) I have the entire right to give Panda consent over use of the Content; (c) neither the Content nor the use of the Content by the Permitted Parties as set forth herein will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial material (other than material that may promote the Permitted Parties'products and/or services).
I hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of the foregoing representations and warranties, or any claim by a third party related to the use of the Content.
5. No Obligation To Use: I understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may edit the Content in any way prior to use; and (iii) that permitted Parties may cease use and/or remove the Content (or any part thereof) from the Platforms at any time for any reason in Permitted Parties' sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds, in its sole discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights or is otherwise inconsistent with the goodwill and brand image that the Permitted Parties, in its sole discretion, chooses to convey.
6. Governing Law / Dispute Resolution / Limitation On Liability: I agree that any and all disputes that I may have with, or claims I may have relating to, arising out of or connected in any way with the Content (or any part thereof), shall be governed by the laws of the State of California. Any claim, issue or dispute, arising with respect to the Content will be conclusively resolved without right of appeal by binding arbitration conducted in California according to the commercial arbitration rules of the American Arbitration Association. Before commencing arbitration, the parties agree to use good faith efforts to negotiate a business resolution for no less than thirty (30) days after the claim, issue or dispute arises. To the extent any claim related to the Content is permitted to be brought in any court, I agree that: (a) such action shall be filed exclusively in the federal or state courts of Los Angeles County, California and I hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (b) such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred, but NOT attorney’s fees; and (d) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek punitive, incidental, or consequential damages (other than actual out of pocket expenses), and/or any and all rights to have damages and/or other damages multiplied or otherwise increased.
© 2016 Panda Restaurant Group, Inc. All rights reserved.