Terms of Service

Welcome to PinPal. By accessing the PinPal website (“Site”) or using the services offered by PinPal (“Services”) you agree and acknowledge to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not access the Site or use the Services. PinPal reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

Registration Data; Account Security

In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Site Content

You understand that all postings, messages, text, images or other materials (“Content”) posted or published on, uploaded to, transmitted through, or linked from (hereinafter, “post” or “posted”), the Service are the sole responsibility of the person from whom such Content originated. You understand that PinPal does not control, and is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Service may contain links to other websites which are completely independent of PinPal. PinPal makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PinPal be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service. You acknowledge that PinPal does not pre-screen or approve Content, but that PinPal shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service, in connection with violations of the letter or spirit of the Terms of Use or for any other reason.

Access to the Service

PinPal grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. PinPal reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

Feeds and API

PinPal provides access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. PinPal asks that you use these features respectfully, as outlined in the documentation. PinPal reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

Intellectual Property (Trademarks & Copyrights)

PinPal, the PinPal logo and the PinPal design are trademarks or trade dress of PinPal, and may not be used without express written permission from PinPal, other than for attribution. All other trademarks not owned by PinPal that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PinPal.

PinPal-originated content included on the Site, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of PinPal and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any PinPal -originated content is permitted without written permission from PinPal.

User Conduct

You understand that except for advertising programs offered by us on the Service, the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no User Content of any kind posted through your account or otherwise shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; be in violation of any law or used in furtherance of any such violation; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service to:

  • in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
  • post or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you;

No Warranty and Limitation of Liability

PINPAL PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PINPAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL PINPAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT PINPAL HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH PINPAL SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Other

PinPal and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between PinPal and you.

These Terms supersede any previous agreement and represent the entire agreement between PinPal and you. These Terms are governed by the laws of the State of California without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.

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