First of all, thank you for deciding to try out PinUpp, we wish you the very best in creating a profile to showcase your brand, your unique talents and skills. All the best. Now here goes with all the legal stuff, sorry about the length but it’s got it to be done.
- You are responsible for any activity that occurs under your registered name.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other users.
- You may not use the service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (Content) that you submit, post, and display on the PinUpp service.
- You must not modify, adapt or hack PinUpp or modify another website so as to falsely imply that it is associated with PinUpp.
- You may not post nude, partially nude, or sexually suggestive photos.
- You must not access PinUpp’s private API by any other means other than the PinUpp application itself.
- You must not crawl, scrape, or otherwise cache any content from PinUpp including but not limited to user profiles and photos.
- You must not create or submit unwanted email or comments (spam) to any PinUpp users.
- You must not use web URLs in your name without prior written consent from PinUpp Pty Ltd.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of PinUpp, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these agreements will result in the termination of your PinUpp account. While PinUpp prohibits such conduct and content on its site, you understand and agree that PinUpp cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PinUpp service at your own risk.
- We reserve the right to modify or terminate the PinUpp service for .any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Proprietary Rights in Content on PinUpp
- PinUpp does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively) that you post on or through the PinUpp services. By displaying or publishing (posting) any Content on or through the PinUpp Services, you hereby grant to PinUpp a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (private) will not be distributed outside the PinUpp Services.
- Some of the PinUpp Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PinUpp may place such advertising and promotions on the PinUpp Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content posted by you on or through the PinUpp Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the PinUpp Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the PinUpp Services.
- The PinUpp Services contain Content of PinUpp (PinUpp Content). PinUpp Content is protected by copyright, trademark, patent, trade secret and other laws, and PinUpp owns and retains all rights in the PinUpp Content and the PinUpp Services. PinUpp hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the PinUpp Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the PinUpp Services. In cases where the company and product names and logos used in PinUpps created by you are trademarks or registered trademarks and copyrighted materials of other respective owners in certain countries you agree that you are solely responsible for the use of such logos and that you agree to pay for all royalties, fees, and any other monies owing to the respective owners for the content you post on or through the PinUpp Services.
- The PinUpp Services contain Content of Users and other PinUpp licencors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PinUpp Services.
- PinUpp performs technical functions necessary to offer the PinUpp Services, including but not limited to trans-coding and/or reformatting Content to allow its use throughout the PinUpp Services. Although the Site and other PinUpp Services are normally available, there will be occasions when the Site or other PinUpp Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PinUpp. Also, although PinUpp will normally only delete Content that violates this Agreement, PinUpp reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PinUpp in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PinUpp encourages you to maintain your own backup of your Content. In other words, PinUpp is not a backup service. PinUpp will not be liable to you for any modification, suspension, or discontinuation of the PinUpp Services, or the loss of any Content.
Reporting Copyright and Other IP Violations
- We respect other people’s rights, and expect you to do the same.
- We provide you with tools to help you protect your intellectual property rights.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE PINUPP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE(WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE PINUPP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PINUPP CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PINUPP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTYS USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES OPERATION; OR (H) ANY DAMAGE TO ANY USER & S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PINUPP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE PINUPP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PINUPP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED AUSTRALIAN DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PINUPPS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PINUPP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PINUPP PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. PINUPP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.