Welcome to pinplanet!
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The pinplanet Service
We agree to provide you with the pinplanet Service. The Service includes all of the pinplanet products, features, applications, services, technologies, and software that we provide to advance pinplanet's mission: To inspire new experiences and foster connection.
How Our Service is Funded
Instead of paying to use pinplanet, by using the Service covered by these Terms, you acknowledge that we can show you ads that businesses and organizations pay us to promote on pinplanet. We use your personal data, such as your activity, location, and interests, to show you ads that are more relevant to you.
We show you relevant and useful ads without telling advertisers who you are. We do not sell your personal data. We allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads. We then show their ad to people who might be interested.
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use pinplanet.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the pinplanet community.
- You must be at least 13 years old.
- You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You must not be a convicted sex offender.
How You Can't Use pinplanet.
Providing a safe and open Service for a broad community requires that we all do our part.
- You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on pinplanet, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
- You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't do anything to interfere with or impair the intended operation of the Service.
- You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
- You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
- You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.
- You can't use a domain name or URL in your username without our prior written consent.
Restricted and Objectionable Content
You cannot post, comment, or in any way add objectionable content to the Service. Objectionable content includes:
- Content that sexualizes minors. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete the accounts of those involved with the distribution.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the content is likely to humiliate, intimidate, or place a targeted individual or group in harm’s way.
- Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence.
- Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition.
- Overtly sexual or pornographic material, defined by Webster’s Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings."
- Inflammatory religious commentary or inaccurate or misleading quotations of religious texts.
Permissions You Give to Us
As part of our agreement, you also give us permissions that we need to provide the Service.
- License to use your content (but we do not own it!): We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content, always with credit to you. You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
- You agree that we can download and install updates to the Service on your device.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to your content), we retain all rights to our content (but not yours).
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.
Our Agreement and What Happens if We Disagree
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens
- Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
- Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes
- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or pinplanet ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other pinplanet users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be
brought in court: disputes related to intellectual property
(like copyrights and trademarks), or efforts to interfere with
the Service or engage with the Service in unauthorized ways (for
example, automated ways). In addition, issues relating to the
scope and enforceability of the arbitration provision are for a
court to decide. This arbitration provision is governed by the
Federal Arbitration Act. You can opt out of this provision
within 30 days of the date that you agreed to these Terms. To
opt out, you must send your name, residence address, username,
email address or phone number you use for your pinplanet
account, and a clear statement that you want to opt out of this
arbitration agreement, and you must send them here:
1919 Clarendon Blvd, Apt 510
Arlington, VA 22201
Before you commence arbitration of a claim, you must provide us
with a written Notice of Dispute that includes your name,
residence address, username, and email address you use for your
pinplanet account, a detailed description of the dispute, and
the relief you seek. Any Notice of Dispute you send to us should
be mailed to:
1919 Clarendon Blvd, Apt 510
Arlington, VA 22201
- Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your pinplanet account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
- For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the State of Delaware. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of Delaware, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can disable or delete your account by contacting us.