Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY ROMAN EFIMOV ("PINSNAP"), A PRIVATE OWNER. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://PINSNAP.COM (THE "SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY PINSNAP (COLLECTIVELY WITH THE SITE, THE "SERVICE").

By using the pinsnap.com website and Pinsnap service you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Access.

Subject to these Terms of Use, pinsnap may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services pinsnap performs for you, any applications or widgets offered by pinsnap that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by pinsnap, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with pinsnap and represent, warrant and covenant that you provide pinsnap with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your pinsnap account.

You must be 13 years or older to use this site and/or iOS application.
You may not post nude, partially nude, or sexually suggestive photos.
You are responsible for any activity that occurs under your screen name.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other Pinsnap users.
You may not use the Pinsnap 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 Pinsnap service.
You must not modify, adapt or hack Pinsnap or modify another website so as to falsely imply that it is associated with Pinsnap.
You must not access Pinsnap's private API by any other means other than the Pinsnap iOS application itself.
You must not crawl, scrape, or otherwise cache any content from Pinsnap including but not limited to user profiles, photos and places. You must not create or submit unwanted email or comments to any Pinsnap members ("Spam").
You must not use web URLs in your name without prior written consent from Roman Efimov.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Pinsnap, 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 Pinsnap account. While Pinsnap prohibits such conduct and content on its site, you understand and agree that Pinsnap 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 Pinsnap service at your own risk.

General Conditions.

We reserve the right to modify or terminate the Pinsnap service for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
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 may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
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 Pinsnap.

Pinsnap 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, "Content") that you post on or through the Pinsnap Services. By displaying or publishing ("posting") any Content on or through the Pinsnap Services, you hereby grant to Pinsnap 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 Pinsnap Services.

Some of the Pinsnap Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Pinsnap may place such advertising and promotions on the Pinsnap 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 Pinsnap 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 Pinsnap 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 Pinsnap Services.

The Pinsnap Services contain Content of Pinsnap ("Pinsnap Content"). Pinsnap Content is protected by copyright, trademark, patent, trade secret and other laws, and Pinsnap owns and retains all rights in the Pinsnap Content and the Pinsnap Services. Pinsnap hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Pinsnap Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Pinsnap Services.

The Pinsnap Services contain Content of Users and other Pinsnap licensors. 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 Pinsnap Services.

Pinsnap performs technical functions necessary to offer the Pinsnap Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Pinsnap Services.

Although the Site and other Pinsnap Services are normally available, there will be occasions when the Site or other Pinsnap 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 Pinsnap. Also, although Pinsnap will normally only delete Content that violates this Agreement, Pinsnap reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Pinsnap in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Pinsnap encourages you to maintain your own backup of your Content. In other words, Pinsnap is not a backup service. Pinsnap will not be liable to you for any modification, suspension, or discontinuation of the Pinsnap Services, or the loss of any Content.

Limitation of Liability.

ALL LIABILITY OF PINSNAP, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF PINSNAP, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

IN NO EVENT SHALL PINSNAP, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT PINSNAP, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

  • DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
  • FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
  • ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.

Warranty Disclaimer.

Save to the extent required by law, pinsnap has no special relationship with or fiduciary duty to you. You acknowledge that pinsnap has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release pinsnap from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. pinsnap makes no representations concerning any Content contained in or accessed through the Service, and pinsnap will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

PINSNAP, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): pinsnap makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service. pinsnap will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on pinsnap's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Effective Date: July 2, 2011