Pintact

Terms & Conditions

The Purpose of Pintact is to allow its users to easily and dynamically connect to others. Pintact makes sharing and updating contact information effortless through its application that is available on this site and through various application stores.

Terms and Conditions

Pinplanet Corporation (d/b/a "Pintact") offers you ("you" or "your") services that allow you to manage and exchange contact information through Pintact's website ("Site") and licensed software application for mobile devices or other portable devices ("Application") available through an application store. The Site, the Application, any software we provide or use in connection with our services and your interaction with the various Pintact services offered to you may be collectively referred to in these terms as the "Services."

Our Application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement executed by both you and Pintact, in which case the terms of that separate license agreement will govern. We reserve all rights not expressly granted to you.

This license is a binding legal agreement between Pintact and you and explains your rights and obligations as a user of the Services ("License"). By using the Services you acknowledge and agree to the terms of this License and the Privacy Policy, which is hereby incorporated by reference. If you do not agree with any of these terms, you may not use the Services.

If you do not agree with this Agreement, do not access, view, download or otherwise use any Site, content, information or Services. By downloading the Application or by using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the Terms and Conditions and the Privacy Policy are also collectively referred to as "Agreement" or "Terms and Conditions."

1. Scope of License

This License is a limited, non-exclusive, non-transferable, non-sublicensable license to use the Application on any mobile device or personal computer that you own or control. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of open sourced components of the Application, if any).

In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Consent to Use of Data

How Pintact receives, collects and uses information about you from your use of the Service in general, including personally identifiable information, is more fully described in our Privacy Policy.

By using the Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. We may use this information to improve our Service.

3. Changes to this License

Pintact may make changes to the terms of this License from time to time. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with Pintact in accordance with paragraph 4 below.

4. Termination

  1. The License is effective until terminated by you or us. You may terminate your relationship with Pintact at any time. You may simply cease to use the Services or delete the Application. If you are a registered user, then you may request that Pintact delete your user account (as defined below). Pintact has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
  2. In addition, Pintact has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:
    1. if you are in breach of the terms of this License;
    2. if Pintact reasonably suspects that you are using the Service to break the law or infringe third party rights;
    3. if Pintact reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
    4. if Pintact reasonably suspects that you are using any of our products fraudulently or that your "User Account" is being used by a third party fraudulently; and
    5. immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory.
  3. Pintact shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
  4. As between you and Pintact, you own the content and information you provide Pintact under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have copied or stored such information.

5. The Service

  1. The Service allows users to submit, modify, update and delete their dynamic Pintact contact information (collectively, the "User Submissions"), submit contact information for others, as well as obtain contact information from other Pintact users. These User Submissions may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service who you agreed to connect to through the Pintact Services. You acknowledge and agree that your User Submissions may be viewed by other users with whom you have shared such data. You retain your ownership rights in your User Submissions. You understand that Pintact does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of sharing them. User Submissions do not necessarily represent the views or opinions of Pintact, and Pintact makes no guarantees as to the validity, accuracy or legal status of any User Submission. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pintact to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this License; and (ii) you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission. You hereby grant every user of the Service with whom you are connected a non-exclusive license to access your User Submissions through the Service. You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in Section 6.b. below. Pintact does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
  2. Pursuant to this license, and in accordance with your settings, Pintact may grant other members of Pintact access to your content and information. You choose which members of the Pintact community with whom to share your contact information.
  3. In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
  4. Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
  5. It is your responsibility to keep your Pintact contact profile information accurate and updated.
  6. We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with all applicable laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
  7. Pintact may automatically check your version of the Application. Pintact has no obligation to make available any updates. However, Pintact may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
  8. Pintact does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to Pintact through the Site, social networks or otherwise, you acknowledge and agree that Pintact shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Pintact's right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
  9. You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Pintact where none exists. You may not frame the Site on any other website. Pintact may revoke the permission to link to the Site at any time at its sole discretion.

6. Service Eligibility

  1. To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the "Minimum Age" (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Pintact account, (3) are not a competitor of Pintact or are not using the Services for reasons that are in competition with Pintact; (4) will only maintain one Pintact account at any given time; (5) will use your real name and only provide accurate information to Pintact; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Pintact or third parties, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
  2. "Minimum Age" means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for Pintact to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our Privacy Policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.

7. Your Obligations

  1. You are responsible for all activities that occur under your User Account. You agree to notify Pintact immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. Pintact will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. Pintact takes no responsibility for your failure to comply with the obligations in this paragraph.
  2. You may not:
    1. use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
    2. send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
    3. use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; and
    4. use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.

8. Privacy Policy

You should carefully read our full Privacy Policy before using Pintact as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Pintact may process such information, within the terms of the Privacy Policy.

9. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

10. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the actual price paid by you for use of the Pintact services or ten dollars ($10.00), whichever is less. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. End Users and Export Control

You will not use or export the Application or any product or service offered on the Site or through the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

12. Pintact's Ownership Rights

The Service, including the Site and Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Pintact or its licensors own the title, copyright, and other intellectual property rights in the Site, Application and Services and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ("Pintact Technology"), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the Pintact Technology.

13. Jurisdiction

The laws of the State of New York, excluding its conflicts of law rules, govern this License and your use of the Application. You expressly agree that the courts in the State of New York, New York County have exclusive jurisdiction over any claim or dispute with Pintact or relating in any way to your use of the Application or Service. Your use of the Application and Service may also be subject to other local, state, national, or international laws.

14. Indemnity

You will indemnify, defend and hold harmless Pintact from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.

15. Links to Third Party Websites

The Site may contain links to other third party websites ("Third Party Sites"). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under Pintact's control, and Pintact is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with any Third Party Sites.

16. Acceptance of License

You affirm that you have the ability to enter into this License. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. The Service is not intended for children under the age of 13.

17. General

This License is the entire agreement between you and Pintact relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by Pintact or otherwise with the written agreement of Pintact.