Terms Of Service
Last Updated Date: Oct 16, 2014
I. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the pinstake.com domain names, the "PinStake Website", "Service(s)," or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF PinStake'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://pinstake.com/tos/, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the PinStake Website.
II. PinStake Website
III. Website Access
A. PinStake hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) unless you are the content's original creator, you will not copy or distribute any part of the Website in any medium without PinStake's prior written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PinStake immediately of any breach of security or unauthorized use of your account. Although PinStake will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PinStake or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the PinStake servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, PinStake grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PinStake reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
D. You agree not to engage in any of the following prohibited activities:
Use, display, mirror or frame the Service, any individual element within the Service, the PinStake name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any PinStake system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PinStake or any of our providers or any other third party (including another user) to protect the Services or PinStake Content;
Attempt to access or search the Services, User Content or PinStake Content or scrape or download User Content or PinStake Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by PinStake or other generally available third party web browsers;
Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
Except for use of a “No Post” instruction, use any meta tags or other hidden text or metadata utilizing a PinStake or PinStake trademark, logo, URL, or product name without PinStake’s express written consent;
Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by PinStake or in any manner not permitted by the Terms;
Use PinStake user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the activities prohibited in this Terms of Service.
IV. Intellectual Property Rights
The content on the PinStake Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts (except where explicitly stated), graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PinStake, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PinStake reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the PinStake Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PinStake Website or the Content therein.
V. User Submissions
A. The PinStake Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PinStake does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with 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 PinStake to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PinStake, you hereby grant PinStake a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the PinStake Website and PinStake's (and its successor's) business, including without limitation for promoting and redistributing part or all of the PinStake Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the PinStake Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the PinStake Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PinStake all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PinStake or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person. PinStake does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PinStake expressly disclaims any and all liability in connection with User Submissions. PinStake does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PinStake will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. PinStake reserves the right to remove Content and User Submissions without prior notice. PinStake reserves the right to terminate and/or suspended a User's access to its Website, if they are determined to be a first-time or repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. PinStake also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography or defamatory material. PinStake may remove such User Submissions and/or terminate a User's access and/or prevent the User's Internet address from accessing PinStake for uploading/publishing such material or peforming actions that in any way violate the Terms of Service at any time, without prior notice and at its sole discretion.
E. In connection with User Submissions, you further agree not to submit Content that:
creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
violates, or encourages any conduct that violates laws or regulations;
contains any information or content ] we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
is fraudulent, false, misleading, or deceptive.
D. In particular, if you are the original creator of User Submission that you believe was uploaded in violation of your rights, simply e-mail us via the CONTACT US link located on the top of every page asking us to remove the material. Please supply a link directly to the material being infringed.
E. if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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 at a single online site are covered by a single notification, a representative list of such works at that 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PinStake's designated Copyright Agent to receive notifications of claimed infringement is Mason Alexander (inichesites[at]gmail.com).
You acknowledge that if you fail to comply with all of the requirements of this Section 5(E), your DMCA notice may not be valid.
F. You understand that when using the PinStake Website, you will be exposed to User Submissions from a variety of sources, and that PinStake is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PinStake with respect thereto, and agree to indemnify and hold PinStake, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
G. PinStake permits you to link to pages on the Website but reserves the right to discontinue any aspect of the PinStake Website at any time.
VI. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PinStake WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PinStake, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PinStake MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PinStake WEBSITE. PinStake DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PinStake WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PinStake WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
VII. Limitation of Liability
IN NO EVENT SHALL PinStake, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PinStake WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PinStake SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by PinStake from its facilities in the United States of America. PinStake makes no representations that the PinStake Website is appropriate or available for use in other locations. Those who access or use the PinStake Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless PinStake, its owners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PinStake Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the PinStake Website.
IX. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or 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 these Terms of Service, and to abide by and comply with these Terms of Service. By accepting the Terms of Service, you affirm that you are over the age of 13, as the PinStake Website is not intended for children under 13. If you are under 13 years of age, you may not visit pinstake.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PinStake without restriction.
You agree that: (i) the PinStake Website shall be deemed solely based in California; and (ii) the PinStake Website shall be deemed a passive website that does not give rise to personal jurisdiction over PinStake, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and PinStake that arises in whole or in part from the PinStake Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms of Service, together with the Privacy Notice at http://pinstake.com and any other legal notices published by PinStake on the Website, shall constitute the entire agreement between you and PinStake concerning the PinStake Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PinStake's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. PinStake reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the PinStake Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PinStake AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PinStake WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
That said, please enjoy the site.
The following discloses the information gathering and dissemination practices for this Web site, pinstake.com
Information Automatically Logged
We use your IP address to help diagnose problems with our servers and to administer our Web site. Your IP address is also used to help identify you for online voting. It is also used to prevent access to the PinStake when a breach of the Terms of Service is encountered.
Cookies, Web Beacons, Flash Cookies and Web Logs
When you log into the site, we set a persistent cookie, which will allow us to recognize you as an existing registered user and avoid the need to log into the site again. You may clear these cookies in your browser after a session in which you have logged in.
The Flash/External Video content on this site may contain Flash/External Video cookies put in place by the developers. These are used to store data and serve third party ads. We are not responsible for the use of these Flash/External Video cookies and do not share data with them.
We use Google Analytics to automatically record information that your browser sends whenever you visit a website. This data is stored in files called web logs. These web logs may include information such as your Internet Protocol address, browser type, browser language, the site you came from, the next site you visit and cookies that may uniquely identify your browser.
None of the data collected through web beacons, cookies, Flash/External Video cookies or web log data provides us with any personal information about you. We use this data on an aggregated basis to analyze how our users are interacting with the site and to customize your experience. If you are logged in to the site, we could associate information about your site usage that is collected by cookies, web beacons and web logs with your user account. However, we don't do this on an individual basis other than in cases of suspected abuse or illegal behavior. See our policy below about Investigating Abuse.
Third Party Advertising
Ads appearing on this website are delivered to you by various advertising partners. Information about your visit to this site, such as number of times you have viewed an ad (but not your name, address, or other personal information), is used to serve ads to you on this site.
Advertising companies we deal with may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.
Advertisers & Third Party Cookies
Our site's registration form requires users to give us contact information (like their name, email address), unique identifiers (like their email address), and demographic information (such as their zip code or age). Contact information from these forms is used to get in touch with the customer when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below.
Unique identifiers (such as email address) are collected from Web site visitors to verify the user's identity, and for use as account numbers in our record system. Demographic and profile data is also collected at our site. This information may be shared with advertisers on an aggregate basis. If your account is linked to illegal activity or personal threats, your registration info will be made available to law enforcement personnel.
We do not collect home and / or cell phone numbers.
This site contains links to other sites. PinStake is not responsible for the privacy practices or the content of such Web sites.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you may contact: inichesites[at]gmail.com.