Terms of use

 

PinEventz Terms of Use

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE.

("PinEventz", "we", "us" or "our") provides its web site, PinEventz, located at www.pineventz.com (the "Site"), to you, an individual user ("you") for your individual usage, subject to compliance with the terms and conditions set forth herein. In addition, please see our privacy policy (which can be accessed at lifesnapz.com/privacy policy). We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the terms of use or of any applicable laws.

1. Agreement. By using the Site, you agree to be bound by this Terms of Use. If you do not agree to the terms and conditions contained in this Terms of Use, we do not consent to provide you with access to the Site, and you should cease your use of it. We may modify the Site at any time without prior notice and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.

By using the Site and Services, you represent and warrant that:

  • 1. All registration information you submit is truthful and accurate;
  • 2. You will maintain the accuracy of such information;
  • 3. You are 13 years of age or older; and
  • 4. Your use of the Service does not violate any applicable law or regulation.

If we believe that you are less than 13 years of age, your profile may be deleted and your membership may be terminated without warning.

We reserve the right at any time to:

  • 1. Change the terms and conditions of the Terms Of User;
  • 2. Change the Site, including eliminating or discontinuing any feature of the Site; or;
  • 3. Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).

2. The Service. We provide you with services, including but not limited to, managing and sharing life events (the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to the Terms of Use. In order to use the Service, 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. You are responsible for providing all equipment necessary to make such connection to the World Wide Web. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

We reserve the right at any time and from time to time to perform maintenance, upgrades, updates, suspend, and to modify the Service (or any part thereof, such as certain features or functions) with or without notice. You agree that we shall not be liable to you or to any third party for any modification or suspension of the Service.

The Service is controlled and operated by us from our offices in London United Kingdom. We make no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of or access to the Service should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any Countries all over the world, or jurisdiction other than

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TOU AND AGREE TO BE BOUND BY THEM.

3. Registration. In consideration of use of the Service, you agree to provide true, accurate, current and complete information about yourself on the Service's registration form, and to maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You will also be asked to provide an email address and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account and password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account or password.

4. Your Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not us, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. We do not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content, including but not limited to any commentary posted on the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree not to use the Service for:

  • 1. upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • 2. harm minors in any way;
  • 3. impersonate any person or entity, including, but not limited to, any official or agent representing the Service, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop, other than as facilitated by the Service, restricted or password-only access pages, or hidden pages or images (those not linked to another accessible page);
  • 5. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • 6. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • 7. upload, post or otherwise transmit 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 including, without limitation, by means of submitting a virus to the Service, overloading, "flooding," "spamming," "mail bombing," or "crashing";
  • 8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • 9. advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law in any jurisdiction around the world;
  • 10. harass another individual or group;
  • 11. collect or store personal data about users other than those who willingly provide such information in order to use the Service;
  • 12. advertise or otherwise solicit funds or post Content that is a solicitation for goods or services;
  • 13. access content or data not intended for you, or log onto a server or account that you are not authorized to access;
  • 14. probe, scan, or test the vulnerability of the Service or any associated system or network, or breach security or authentication measures without proper authorization or make any attempt to do so;
  • 15. Use the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.

To ensure that we provide a high quality experience for you and for other users of the Service, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Service. We reserve the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Service by others.

5. Content Submitted by You. By posting Content on the Service, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the Content.

The burden of proving that any Content does not violate any laws or third party rights rests solely with you. You will not be compensated for any Content. You acknowledge that we do not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove or block access to any Content that violates the Terms of Use or is otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. Indemnification. As a condition of your use of the Service, you agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, representatives, agents, cobranders or other partners, and employees, harmless from any and all claims, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (a) your Content, (b) your use of the Service, (c) your connection to the Service, (d) your violation of the Terms Of Use or (e) your violation of the rights of any third party.

7. Termination. You understand and agree that we may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Terms of Use or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property. You agree that we shall not be liable to you or any third party for any termination of your access to the Service in accordance with these Terms of Use.

8. Advertisements. We may run advertisements and promotions on the Service. By using the Service and agreeing to these Terms of Use, you agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us on the Service is subject to change in our sole discretion.

You also agree to receive periodic emails from us. These emails may include site and service updates and enhancements and marketing and promotional information. You may opt-out of any or all email communication per the Pineventz.com Privacy Policy.

9. Interaction with Third Parties. Your interaction with third parties on or through the Service is solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interaction.

10. Links. The Service may provide, or third parties may provide, links from the Service to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources, and (b) we do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. Proprietary Rights. You acknowledge and agree that the Service and any necessary software used in connection with the Service, including all files and images contained in or generated by the software, and accompanying data ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that Content contained in merchant sites, sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to use the Software object code for non-commercial, personal use only; provided, however, that you have not violated the Terms of Use. You agree that you will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. We do not transfer either the title or the intellectual property rights to the Software, and we or our licensors retain full and complete title to the Software as well as all intellectual property rights therein.

The Site and the content provided by us contained herein, as well as all copyrights, trademarks and logos, are the property of PinEventz or its licensors and you may not copy or use them in any manner. You may access and use the content, and download and/or print out copies of content from the Site, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Site. All of our works of authorship reflected in the Service are: Copyright 2013, Pineventz.com All rights reserved.

12. Disclaimer of Warranties. THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PINEVENTZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.

PINEVENTZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, OR (ii) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PINEVENTZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.

13. Limitation of Liability. NEITHER PINEVENTZ NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/ OR ANY CONTENT CONTAINED THEREIN, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY OF YOUR TRANSMISSIONS OR DATA, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH PINEVENTZ. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PINEVENTZ FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

14. Notices. To you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Service. We will post any revision to the Terms of Use to the Service, and the revision shall be effective immediately on such posting. You agree that, by continuing to use or access the Service following notice of any revision, you shall abide by any such revision.

15. Copyrights. We respect the intellectual property rights of others and we ask our users to do the same. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:

  • 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • 3. Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • 4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted;
  • 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to our designated agent at:

by email: copyright@pineventz.com

16. General Information. The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

The Terms Of Use, together with all policies referred to herein, constitutes the entire agreement between you and us relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between you and us (including, but not limited to, any prior versions of the Terms Of Use). The Terms of Use and the relationship between you and us are governed by and construed in accordance with the laws of United Kingdom, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the United Kingdom Court of Law, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the Terms Of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the Terms of Use

You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. Our failure to exercise or enforce any right or provision of the 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 the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Neither the rights nor the obligations arising under the Terms of Use are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect.

Please report any violations of the Terms of Use to us at support@pineventz.com.