TERMS AND CONDITIONS
These Terms of Use constitute a
legally binding agreement made between you, whether personally or on behalf of
an entity (“you”) and Pintful Inc. ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://www.pintful.com/ website as well as
any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the
“Site”). We are registered in Canada and have our registered
office at 30 Baywood Road, Unit 8, Toronto, Ontario M9V
2Z8. The Site
provides an online marketplace for the following goods, products, and/or
services: Content subscription (the “Marketplace Offerings”). In order to help make the Site a secure environment for the
purchase and sale of Marketplace Offerings, all users are required to accept
and comply with these Terms of Use, including the Pintful Terms posted
on the Site, which are incorporated into these Terms of Use. You agree that by
accessing the Site and/or the Marketplace Offerings, you have read, understood,
and agree to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use from time to time.
We will alert you about any changes by updating the “Last updated” date of
these Terms of Use, and you waive any right to receive specific notice of each
such change. Please ensure that you check the applicable Terms every time you
use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
The information provided on the Site
is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply
with industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who
are at least 13 years of age. All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use the Site. If you
are a minor, you must have your parent or guardian read and agree to these
Terms of Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site
and the Marketplace Offerings are our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site or the Marketplace
Offerings and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use
the Site, you are granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site or the Marketplace
Offerings, you represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary; (3) you have the
legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of
13; (5) you are not a minor in the jurisdiction in which you reside, or if
a minor, you have received parental permission to use the Site; (6) you will
not access the Site or the Marketplace Offerings through automated or non-human
means, whether through a bot, script or otherwise; (7) you will not use the
Site for any illegal or unauthorized purpose; and (8) your use of the Site or
the Marketplace Offerings will not violate any applicable law or regulation.
If you provide any information that
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 Site (or any portion thereof).
You may not use the Site or the
Marketplace Offerings for any illegal or unauthorized purpose nor may you, in
the use of Marketplace Offerings, violate any laws. Among unauthorized
Marketplace Offerings are the following: intoxicants of any sort; illegal drugs
or other illegal products; alcoholic beverages; games of chance. Postings
of any unauthorized products or content may result in immediate termination of
your account and a lifetime ban from use of the Site.
We are a service provider and make no
representations as to the safety, effectiveness, adequacy, accuracy,
availability, prices, ratings, reviews, or legality of any of the information
contained on the Site or the Marketplace Offerings displayed or offered through
the Site. You understand and agree that the content of the Site does not
contain or constitute representations to be reasonably relied upon, and you
agree to hold us harmless from any errors, omissions, or misrepresentations
contained within the Site’s content. We do not endorse or recommend any
Marketplace Offerings and the Site is provided for informational and
advertising purposes only.
You may be required to register with
the Site in order to access the Marketplace Offerings.
You agree to keep your password confidential and will be responsible for all
use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
All Marketplace Offerings are subject
to availability, and we cannot guarantee that Marketplace Offerings will be in
stock. Certain Marketplace Offerings may be available exclusively online
through the Site. Such Marketplace Offerings may have limited quantities and
are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the
quantities of the Marketplace Offerings offered or available on the Site. All
descriptions or pricing of the Marketplace Offerings are subject to change at
any time without notice, at our sole discretion. We reserve the right to
discontinue any Marketplace Offerings at any time for any reason. We do not
warrant that the quality of any of the Marketplace Offerings purchased by you
will meet your expectations or that any errors in the Site will be corrected.
We accept the following forms of
payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current,
complete, and accurate purchase and account information for all purchases of
the Marketplace Offerings made via the Site. You further agree to promptly
update account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time. All payments shall be
in U.S. dollars.
You agree to pay all charges at the
prices then in effect for your purchases and any applicable shipping fees, and
you authorize us to charge your chosen payment provider for any such amounts
upon placing your order. If your order is subject to recurring charges,
then you consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until such
time as you cancel the applicable order. We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any
order placed through the Site. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These restrictions
may include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers, or distributors.
All sales are final
and no refund will be issued.
You may not access or use the Site
for any purpose other than that for which we make the Site available. The Site
may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Site, you agree not
to:
9. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and the Marketplace Offerings and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
Any use of the Site or the
Marketplace Offerings in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or
suspension of your rights to use the Site and the Marketplace Offerings.
By posting your Contributions to any
part of the Site or making Contributions accessible to the Site by linking
your account from the Site to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any ownership over
your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights, or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on the
Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding
your Contributions.
We have the right, in our sole and
absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
We may provide you areas on the Site
to leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove
reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all
content relating to reviews.
As part of the functionality of the
Site, you may link your account with online accounts you have with third-party
service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2)
allowing us to access your Third-Party Account, as is permitted under
the applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the “Social Network Content”) so
that it is available on and through the Site via your account, including
without limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to
your Third-Party Accounts may be available on and through your
account on the Site. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then Social Network Content
may no longer be available on and through the Site. You will have the ability
to disable the connection between your account on the Site and
your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Site. You
can deactivate the connection between the Site and your Third-Party Account
by contacting us using the contact information below or through your account
settings (if applicable). We will attempt to delete any information stored on
our servers that was obtained through such Third-Party Account,
except the username and profile picture that become associated with your
account.
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information
regarding the Site or the Marketplace Offerings ("Submissions")
provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the
obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site and the
Marketplace Offerings.
We care about data privacy and
security. By using the Site or the Marketplace Offerings, you agree to be bound
by our Privacy Policy posted on the Site, which is incorporated into these
Terms of Use. Please be advised the Site and the Marketplace Offerings are
hosted in the United States. If you access the Site or the
Marketplace Offerings from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data
to the United States, and you agree to have your data transferred to
and processed in the United States. Further, we do not knowingly
accept, request, or solicit information from children or knowingly market to
children. Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under the age of 13
has provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site as quickly as
is reasonably practical.
16. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property
rights of others. If you believe that any material available on or through the
Site infringes upon any copyright you own or control, please immediately notify
our Designated Copyright Agent using the contact information provided below (a
“Notification”). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification. Please be advised
that pursuant to federal law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Site infringes your copyright, you
should consider first contacting an attorney.
All Notifications should meet the
requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following
information: (1) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works on the Site are covered by the Notification, a
representative list of such works on the Site; (3) identification of the
material that is claimed to be infringing 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 the complaining
party, such as an address, telephone number, and, if available, an email
address at which the complaining party may be contacted; (5) a statement that
the complaining party has 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; and (6) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed upon.
If you believe your own copyrighted
material has been removed from the Site as a result of
a mistake or misidentification, you may submit a written counter notification
to our Designated Copyright Agent using the contact information
provided below (a “Counter Notification”). To be an effective Counter
Notification under the DMCA, your Counter Notification must include
substantially the following: (1) identification of the material that has been
removed or disabled and the location at which the material appeared before it
was removed or disabled; (2) a statement that you consent to the jurisdiction
of the Federal District Court in which your address is located, or if your address
is outside the United States, for any judicial district in which we are
located; (3) a statement that you will accept service of process from the party
that filed the Notification or the party's agent; (4) your name, address, and
telephone number; (5) a statement under penalty of perjury that you have a good
faith belief that the material in question was removed or disabled as a result
of a mistake or misidentification of the material to be removed or disabled;
and (6) your physical or electronic signature.
If you send us a valid, written
Counter Notification meeting the requirements described above, we will restore
your removed or disabled material, unless we first receive notice from the
party filing the Notification informing us that such party has filed a court
action to restrain you from engaging in infringing activity related to the
material in question. Please note that if you materially misrepresent that the
disabled or removed content was removed by mistake or misidentification, you
may be liable for damages, including costs and attorney's fees. Filing a false
Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright
Agent
dmca@pintful.com
These Terms of Use shall remain in
full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all
or part of the Marketplace Offerings without notice at any time. We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the
Marketplace Offerings will be always available. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site or the Marketplace Offerings
during any downtime or discontinuance of the Site or the Marketplace Offerings.
Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.
These terms shall be governed by and
defined following the laws of Canada. Pintful Inc. and you
irrevocably consent that the courts of Canada shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
terms.
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related
to these Terms of Use (each "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
Any dispute arising
out of or in connection with this contract, including any question regarding
its existence, validity, or termination, shall be referred to and finally
resolved by the International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the
Rules of this ICAC, which, as a result of referring to
it, is considered as the part of this clause. The number of arbitrators shall
be three (3). The seat, or legal place, of arbitration shall be Toronto, Canada. The language of the
proceedings shall be English. The governing law of the contract shall be
the substantive law of Canada.
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to
Informal Negotiations and Arbitration
The Parties agree
that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Site
that contains typographical errors, inaccuracies, or omissions that may relate
to the Marketplace Offerings, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.
22. DISCLAIMER
THE SITE AND THE MARKETPLACE
OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and
hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Marketplace Offerings; (3) breach of these
Terms of Use; (4) any breach of your representations and warranties set forth
in these Terms of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Site or the Marketplace Offerings with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts
to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
25. USER DATA
We will maintain certain data that
you transmit to the Site for the purpose of managing the performance of the
Marketplace Offerings, as well as data relating to your use of the Marketplace
Offerings. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Marketplace Offerings. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
26. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails,
and completing online forms constitute electronic communications. You consent
to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS
AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Terms of Use and any policies
or operating rules posted by us on the Site or in respect to the Marketplace
Offerings constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the Marketplace
Offerings. You agree that these Terms of Use will not be construed against us
by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Terms of
Use and the lack of signing by the parties hereto to execute these Terms of
Use.
Pintful clauses
29. CONTACT US
In order to resolve a complaint regarding the
Site or the Marketplace Offerings or to receive further information regarding
use of the Site or the Marketplace Offerings, please contact us at:
Pintful Inc.
30 Baywood Road, Unit 8, Toronto, Ontario M9V 2Z8, Canada
support@pintful.com