Terms of Use

Terms and Conditions of Service

  1. Introduction.

1.1 These are the Terms and Conditions of Service (the “Terms”) for the website located at www.passerport.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby.  These Terms shall supplement our Privacy Policy, incorporated herein by reference.

1.2 The Site and the related products and services are provided by Yellow Submarine Ltd. (“Passerport”).  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Passerport and/or our affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

1.3 Some of the products we offer are also governed by supplemental terms.  If you use any of those products, supplemental terms will be made available and will become part of our agreement with you.  If you access or use our products for commercial or business purposes, such as selling products, managing a group or page for your business, or using our publishing services, you must agree to our Commercial Terms.  If you post or share content containing music, you must comply with our Music Guidelines.  To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict

  1. Services Offered.

2.1 Our mission at Passerport is to build a community for ambitious people to create an all-purpose publishing project that’ll bring the world closer together. To help advance this mission, we provide the products and services described below:

2.2 We can help you find and connect with people, groups, businesses, and organizations that matter to you across the world. We use the data to make suggestions for you and others, such as friends, groups, posts, or messages within our searches. Stronger ties make for better communities, and we believe that our services are useful when people are connected to other people, groups, and organizations they care about.

2.3 We empower you to express yourself and communicate about what matters to you.
There are many ways to express yourself on Passerport and to communicate with friends, family, and others about what matters to you. For example, sharing status updates, photos, videos, emojis and stories across the Passerport platform, sending messages to a friend or several people, creating events or groups, or adding content to your profile.

2.4 We also have developed, and continue to explore, ways for people to use our services, such as publishing material to promote and share more expressive and engaging content. Users will be chosen at random, but their content is only reviewed and published if data settings are set to “Everyone”. You can change your default data settings by going to “Settings” or switching settings before posting.

2.5 Accordingly, if you continue to browse and use Passerport, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Passerport’s relationship with you in relation to the Site, along with any professional social networking services offered thereby (the “Service(s)”).

  1. Updates.

3.1 Passerport reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice.  Any changes will be displayed in the Site, and we may also notify you by email.  Please refer to the last effective date where changes were last undertaken by us.

3.2 We hope that you will continue to use our products, but if you do not agree to our updated Terms and no longer want to be a part of the Passerport community, you can delete your account at any time.

3.3 Your use of our Services after the effective date of any update, either by an account registration or simple use, thereby indicates your acceptance thereof.

  1. Account Registration and Security.

4.1 In order to use our Services, you will need to create an account, including all mandatory fields on the registration form.  You must provide accurate and complete account information.   If you use an email also used on other websites, you must use an original, different password.  You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody and, if you lose or disclose it, you must promptly inform us.

4.2 You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account.  You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.

4.3 Passerport encourages you to report violations of our Terms.  Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.

4.4 We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms.

4.5 You must notify us immediately of any change in your eligibility to use Passerport, or if you suspect a breach of security or unauthorized use of your account.

4.6 To combat harmful conduct and to protect and support our community, we trust that people will build a positive community to feel safe. We employ a dedicated team to develop advanced technical systems to detect misuse of our products, harmful conduct towards others, and situations where we may be able to help support or protect our community, but we still need your help. If you learn about harmful content or conduct, tell us and we’ll take appropriate action by offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data when we detect misuse or harmful conduct by someone using our products.

4.7 We use and develop technology to provide a safe and functional service for everyone.
For example, technology to record notifications helps people understand what or who is sending photos or videos. We also build a sophisticated network and communication technology to help more people connect to other websites. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our products.

4.8 You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Services.

  1. Service Eligibility.

5.1 Passerport does not provide its Services to persons under the age of eighteen (18).  If you are under such age, you may only use them under the direct supervision of your parent or legal guardian.

5.2 When people stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must do the following:

  1. Use the same name that you use in everyday life.
  2. Provide accurate information about yourself.
  3. Create only one account and use your profile for personal purposes.
  4. Not share your password, give access to your account to others, or transfer your account to anyone else without permission.
  1. Fees & Payments.

6.1 You must provide valid and current billing information, and if we detect any chargeback or if any payment is not received for any reason from your card or account, you will promptly pay any and all amounts due to us upon notice.

6.2 Any failure or inability to process any payment hereunder does not relieve you from your payment obligations.

6.3 We use worldwide accepted third-party payment processors to bill you through a payment account linked to your account.  You hereby authorize us the charging of fees through your indicated payment processing account.

6.4 The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.

6.5 Passerport is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

6.6 Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable, including but not limited to, ads and job posts.

6.7 Depending on your place of residence, Passerport may collect taxes on orders, and you will be able to review them before placing your final order.  Tax obligations are not optional, but if you deem that we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter.

  1. Other Terms and Conditions.

7.1 Community Standards: These guidelines outline our standards regarding the content you post to Passerport and your activity on our products.

7.2 Commercial Terms: These terms apply if you also access or use our products for any commercial or business purpose, including managing a group for a business, or selling goods or services.

7.3 Advertising Policies: These policies specify what types of ad content are allowed by partners who advertise across our products.

7.4 Pages, Groups, and Events Policy: These guidelines apply if you create or administer a Passerport page, group, or event, or if you use them to communicate or administer a promotion.

7.5 Platform Policy: These guidelines outline the policies that apply to your use on our platform.

7.6 Facebook Brand Resources: These guidelines outline the policies that apply to use of Passerport trademarks, logos, and screenshots.

7.7 Music Guidelines: These guidelines outline the policies that apply if you post or share content containing music on Passerport.

  1. Disputes & Charge-backs.

8.1 A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement.  A charge-back may result in the reversal of a transaction, with the amount charged back to you.  You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

8.1 When a chargeback is issued, you are immediately liable to Passerport for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).  Accordingly, you hereby represent and warrant that you expressly appoint Passerport as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

8.2 If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.

  1. User Code of Conduct.

9.1 We want people to use Passerport to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below or to facilitate or support others in doing so:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  5. Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
  6. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Passerport or any portion or data feeds therefrom.

 

  1. Term, Termination.

10.1 The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access of our Services; or (iii) Passerport begins providing its Services to you.

10.2 The term hereof will automatically end on the earlier date of either your: (i) account suspension or deactivation; (ii) access termination or access revocation for our Services; (iii) Passerport’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Passerport to you from time to time; or (v) Passerport’s decision, at its sole and final discretion.

  1. Third Party Links.

11.1 The Site and the Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites, products or services.

11.2 From time to time, we may place ads and promotions from third party sources in the Site.  Accordingly, your participation or undertakings in promotions of third parties other than Passerport, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.

11.3 Passerport is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.

  1. User Privacy.

12.1 By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.

12.2 We will ask for your express consent regarding the disclosure of personal data, and also for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Privacy Policy.

  1. No Warranty

13.1 Neither Passerport, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site or the Services will be error-free, uninterrupted, secure, or produce any particular results.

13.2 No advice or information given by Passerport or its employees, affiliates, contractors and/or agents shall create a guarantee.

13.3 The Site and the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

13.4 To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.

13.5 No oral or written advice provided by Passerport, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data.

13.6 The entire risk of satisfactory quality and performance resides with you.

13.7 Passerport, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

  1. Disclaimer of Damages

14.1 In no event shall Passerport, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site or the Services, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Passerport, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

  1. Limitation of Liability

15.1 In no event shall Passerport’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$100.00 (One Hundred United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount.

15.2 These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.

15.3 Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

15.4 For purposes of this limitation of liability, Passerport’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

  1. Indemnification

16.1 You hereby agree and acknowledge to indemnify, hold harmless, and defend Passerport, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Passerport’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Passerport’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Passerport); and/or (ii) any third party claim arising out of or in relation to the Site or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

  1. Generals

17.1 Entire Agreement.  These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

17.2 Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, Passerport will be irreparably damaged, and therefore you agree that Passerport shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

17.3 Newsletters.  The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.  Through our newsletters, you may receive information according to your subscriber preferences.  As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

17.4 No Waiver.  Failure by Passerport to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

17.5 No Relationship.  You and Passerport are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

17.6 Notices.  All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or:  (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt.  Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

17.7 Severability.  If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms will remain in full force and effect.

17.8 No Waiver. Failure by Passerport to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

  1. Applicable Law, Forum

19.1 Applicable Law.  Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Nevada, without regard to conflict of law principles.

19.2 Forum.  For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the U.S. District Court for the District of Nevada or a state court located in Las Vegas. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Nevada will govern these Terms and any claim, without regard to conflict of law provisions.

19.3 You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

  1. Contact

20.1 We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

20.2 If you have any questions or queries about us, the Site, our Services or these Terms, please contact us as indicated in our contact page: www.passerport.com/contact.

Date of last effective update is July 9, 2018.