The Information We Collect:
“Personal information”, as used in this Policy, is information that specifically identifies an individual, such as an individual´s name, address, telephone number, or e-mail address. Personal information also includes information about an individual´s activities, such as information about his or her activity on our Service, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked directly to personal information that identifies that individual. This section describes the personal information and other information we collect on the Service.
• User-Provided Information: When you sign up for the Service, we ask for your first and last name, email address, and gender, and ask you to create a password for your account. Optionally, you may choose to provide a photo and your telephone number. Additionally, either during registration or at other times (such as when you elect to send a Pinnatta Message to a Facebook friend), if you permit us to connect to your Facebook profile, we may collect information from your Facebook profile such as your name, email, gender, birthday, current city, profile picture URL, list of friends, and a device token that uniquely identifies your mobile device. Also, if you sign in to Twitter while using the Service, we collect all information, including personal information, that may be available to us through the Twitter API relating to your Twitter account, including, but not limited to, your Twitter account´s photo, name, last mentions, your followers, and your followers who follow you back. We may also provide you with other opportunities to voluntarily provide personal information to us on the Service, such as through feedback or customer support forms, surveys, user profile functionality, or other means.
• “Automatically Collected” Information: When you launch or use the Service, we automatically collect a variety of information about your mobile device and your use of the Service in log files, such as your IP address, Device ID (as defined below), and operating system, as well as the dates and times you access or use the Service, and actions you engage in using the Service (such as, for example, the types of Pinnatta Messages you send, and who you send them to). This information is gathered for all users. We may also collect and use the Unique Device Identifier (“UDID”) or other device information that uniquely identifies individual mobile devices (collectively, “Device ID”) in order to authenticate the user session. This Device ID functions similarly to a persistent cookie to make it possible to authenticate the user without the need for a password. You can disassociate a Device ID from a user account at any time by emailing us at firstname.lastname@example.org or by uninstalling the App.
• Location Information: The Service may offer features designed to help you share Pinnatta Messages and other content with others based in whole or in part based on your location. The Service may also make suggestions to you, such as suggested Pinnatta Messages, based in whole or in part based on your location. You will be given the opportunity to opt out of location-based Services, normally through an opt-out screen on the App. If you choose to enable location-based Services, we may collect your location based on information provided by you or your mobile device, including, if available, GPS, IP address or cell tower information. If you choose to disable location-based Services, you will not be able to utilize certain features of the Service.
• Invitation Service: We may offer functionality on the Service that allows you to tell a friend about the Service (e.g., functionality that lets you send a Pinnatta Message to the friend and that informs him or her that the Pinnatta Message is waiting for him or her on the Service). If you choose to use our invitation service to tell a friend who is not a current Pinnatta user about the Service, we will ask you for information needed to send the invitation, such as your friend´s email address,or phone number. We may also offer you the opportunity to invite your friend via third-party services such as Google, Facebook, Messenger, Twitter, WhatsApp, Message+ or Microsoft. We will automatically send your friend a one-time email, SMS message, or other message inviting him or her to try the Service. By providing email addresses or contact information of non-users of the Service you represent that you have the right to do so and that such information may also be provided to the third-party service that you have designated to contact the non-user. We store this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at email@example.com to request that we remove this information from our database.
• Connections with other Pinnatta Users: The App employs a “Find a Pinnatta Friend” feature that makes it easy for you to connect with contacts in your mobile device´s address book who are also Pinnatta users. On your first use of the Service, the App will send email addresses and phone numbers of users in your mobile device´s address book to our servers to determine if that information matches that of any registered Pinnatta user. The “Find a Pinnatta friend” feature is a mandatory process for all users. If a match is made, we will: (i) provide you with the Pinnatta user name of the other Pinnatta user; and (ii) provide the other Pinnatta user with the Pinnatta user name that you have selected. You and the other user will be able to add each other to your respective Pinnatta contact lists upon submission of a request and after receiving the other party´s approval. Afterwards, you may opt to manually check if any new Pinnatta users are present in your mobile device´s address book. By using the Service, you consent to our use of your email address and phone number as described above in this Section.
The Ways we Use Information: • We use the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Service, and for any other purposes that we may disclose to you at the point at which we request your personal information, and for any other use for which you may provide your consent. We will use your email address or other contact information to contact you for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues, or any questions or issues regarding Pinnatta Messages or other content you may publish to, or transmit using, the Service. If you send another user a Pinnatta Message or any other communication through the Service, we may retain that Pinnatta Message or other message and disclose that message to the intended recipient, including identifying you as the sender of the message. We keep track of the Pinnatta Messages you send (including both the category and type of Pinnatta Message, and the specific nature of the Pinnatta Message, such as the title and URL of a video that you send a link to as a Pinnatta Message), but we do not ordinarily scan or otherwise view the content of your Pinnatta Message or other messages except as necessary to facilitate delivery of the Pinnatta Message or other message to its intended recipient on the Service. We do, however, reserve the right (but not the obligation) to review and screen the contents of Pinnatta Messages and other messages, including but not limited to user-entered text, in our discretion.
• We use the location information that you provide or that we collect to provide content and services to you based in whole or in part on your location, such as displaying Pinnatta Messages that we believe may be relevant to you or other users of the Service based in whole or in part on your or their location.
• We may use information that you provide to us or that we collect through the Service, including personal information, to tailor and provide advertising and other content, including suggested Pinnatta Messages, to you more effectively. This includes, for example, displaying suggested Pinnatta Messages offered by third-party sponsors and advertisers that we believe you may be interested in.
• We use the information that you provide or that we collect and/or aggregate, including personal information, to understand and analyze the usage trends, interests, and preferences of our users, to improve the way the Service works and looks, and to create new features, functionality, products, and services.
• We may use your address book or contact list information to make connections to other users, as described above in the section entitled “Connections with other Pinnatta Users.”
• We may use “automatically collected” information to: (a) personalize the Service, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) monitor and analyze the effectiveness of the Service and marketing activities on the Service (including by third parties); (c) monitor aggregate usage metrics such as total number of users of particular Pinnatta Messages, Pinnatta Messages viewed, Pinnatta Messages accessed, and so forth; and (d) track your entries, submissions, and status in any promotions or other activities that may be offered on the Service from time to time.
When We Disclose Information: • We are not in the business of selling your personal information. We do, however, disclose your personal information and other information about you in a variety of circumstances.
- The Service enables users to communicate in a variety of ways, including through by sending Pinnatta Messages and other communications to other users. Pinnatta Messages are not private, and may be forwarded (and re-forwarded) by their recipients without your knowledge or consent. In addition, any personal information that you voluntarily choose to include in a Pinnatta Message or other message to another user, or in a publicly accessible area on the Service, such as a public profile page, or through posting any other User Materials, will be available to other users who access that content. Once you make your personal information available in this way, it may be collected and used by the recipients or those who can access it in on the Service without restriction.
- We may work with third-party service providers to provide maintenance services, data analysis, service hosting, and other services for us. These third parties may have access to or process your personal information as part of providing their contracted services to us. We require these third-party service providers to agree to only use the personal information we provide them for the purpose for which it was provided.
- We may disclose your information, including personal information, if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (including, but not limited to, U.S. copyright laws) in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity or other legal process.
- We also reserve the right to disclose your information, including personal information, as we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect Pinnatta and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service and our other property; or to protect the rights, property, or safety of us, our users, or other persons or entities.
- We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users´ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service. For example, we may inform our advertisers and other third parties that a certain proportion of the Service´s users are female and have sent Pinnatta Messages relating to a certain topic.
Choices and Access: You may, of course, decline to share certain personal information with us, in which case we would be unable to provide you many of the features and functionality found on the Service. You may update, correct, or delete your profile information and preferences at any time by accessing the my account tab through the Service. Additionally, you may request that we delete all information about you that we have received from Facebook by emailing us at firstname.lastname@example.org. If you wish to access or amend any other personal information we hold about you, you may contact us at email@example.com.
Please be aware that while your changes may be reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, billing and accounting, analytics, and prevention of fraud and abuse.
To protect your privacy and security, we may ask you to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Third-Party Connected Services We permit users with accounts on certain third-party services (including Facebook and Twitter) to log in to such third-party services through our Services. You may permit us to connect our Service to Facebook and Twitter, and may offer you the ability to connect our Service to other authorized third-party services (“Third-Party Connected Services”) in the future. If you connect to our Service through a Third-Party Connected Service, you may be able to send alerts, comments, tweets, and messages on such third-party services, and may publish some of your activities on our Service to the third-party service. In any request for authorization to connect, we may ask you for additional rights or permissions with respect to Third-Party Connected Services and information, including personal information, that we obtain from them. Any personal information you provide on or to any Third-Party Connected Service is provided directly to that third party and is subject to that third party´s policies governing privacy and security. We are not responsible for the sharing, posting, commenting, or other content and information-gathering practices on any Third-Party Connected Services. Please review their terms of service and privacy policies carefully before using any Third-Party Connected Services and connecting to our Service.
By connecting to any Third-Party Connected Services in connection with our Service, you permit us to access and use all information related to your account on the Third-Party Connected Service that may be accessible to us through the any Third-Party Connected Service pursuant to this Policy. To limit or control the information that is available to us through any such Third-Party Connected Service, or to disconnect any Third-Party Connected Service from our Service, you should check (and, if applicable, modify) the applicable settings on the Third-Party Connected Service.
Links: The Service may contain links to other Web sites, products, or services that we do not own or operate. For example, Pinnatta Messages or other content on the Service may contain links to third-party merchants from which you may make purchases. If you choose to visit or use any third-party products or services, please be aware that this Policy will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. We are not responsible for the privacy practices of these third-party websites and services. We encourage you to carefully review the privacy policies applicable to any Web site or service you visit other than the Services before providing any personal information on them.
Our Commitment to Children´s Privacy: Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain personal information from persons under 13 years of age, and no part of the Service is directed to persons under 13. If we learn that personal information of children under the age of 13 has been collected on the Service without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account on the Service, then you may alert us at firstname.lastname@example.org and request that we delete that child´s personal information from its systems.
Data Security: We use commercially reasonable physical, managerial, and technical safeguards in an effort to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission of personal information, we make commercially reasonable efforts to ensure the security of our systems. Please be aware, however, that this is not a guarantee that such personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at email@example.com
International Visitors: The Service is hosted in the United States and is intended solely for visitors located within the United States. If you nonetheless choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States and by providing your personal information on the Service you consent to that transfer.
In the Event of Merger or Sale: In the event that all or a portion of Pinnatta or its assets is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users, including personal information, in connection with such merger, reorganization, recapitalization, acquisition, sale, or other change of control.
Changes and Updates to this Policy: We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of the Service after a revised Policy has become effective indicates that you have read, understood and agreed to the then-current version of the Policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your personal information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any personal information that we collected from you prior to the date the change becomes effective. For example, we may send a message to your email address, if we have one on file, message you through the Service, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Material changes to this Policy will be effective upon the earlier of (i) your first use of the Service with actual knowledge of such change, or (ii) 30 days from providing you notice of such change. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose information.
Pinnatta and Pinnatta Contact Information: Please contact us with any questions or comments about this Policy, your personal information, our third party disclosure practices, or your consent choices by email: firstname.lastname@example.org- See more at: http://pinnatta.com/privacy-policy
Thank you for your interest in Pinnatta, owned and operated by Pinnatta Inc. (“Pinnatta,” “we,” or “us” or “The Company“). We provide software applications for smartphones and other mobile platforms (“Apps”) that enable users to send interactive messages and interactive experiences (“Pinnatta Messages” or "Pinnattas") to each other, and otherwise interact with each other (the “Service“).
Additional Policies. The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Service.
End User License Agreement. Use of the Apps is subject to the applicable End User License Agreement for the official App store of your device, either Google Play or Apple´s App store.
Intellectual Property Policy. Pinnatta respects the intellectual property rights
of others, and strictly prohibits infringing activity on the Service.
Our Intellectual Property Policy, which describes the steps Pinnatta
takes to address claims of such activity, is available at www.pinnatta.com/intellectual-
Other Terms, Conditions, and Policies. Pinnatta may from time to time post other policies on the Service (typically, relating to specific issues). Your use of the Service is subject to any and all such policies, each of which is hereby incorporated into these Terms.
Accessing the Service.
Eligibility. You must be an individual at least 13 years old to use the Service. By using the Apps or other features of the Service, you represent that you are at least 13 years old and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that you are accepting the benefit of the Service.
Access. Pinnatta grants you permission to access and use the Service as set forth in these Terms and consistent with the intended features of the Service, provided that: (i) you use the Service solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Service, including any materials obtained from or included within the Service; and (iii) you do not engage in any of the prohibited uses described below.
Fees. Certain functions on the Service may now or in the future have fees associated with them, including, without limitation, license fees to access, download, or use certain Apps, Pinnatta Messages, or other Pinnatta Materials (as defined below), which we may modify or eliminate at any time in our sole discretion. Payment of these fees is made through the Google Play and the Apple App Store payment service respectively. Refund of iOS users is not possible; instead , they will be offered other Pinnatta Materials free of charge, as appropriate. Pinnatta may choose to temporarily change or waive any such fees, such as for promotional events or new services, without liability to users who have already paid higher fees for the same services, and such changes are effective immediately upon posting or otherwise being communicated to users through the Service. Any changes for such fees will be effective as described in Section 8, below. Unless otherwise stated, all fees are in U.S. Dollars.
Pinnatta Messages. All Pinnatta Messages are Pinnatta Materials (as defined below) and are licensed to you on a revocable, nonexclusive basis for your personal and noncommercial use subject to these Terms. Nothing in these Terms will be considered a transfer or sale of any Pinnatta Content. Even if we may use words such as “acquire,” “receive,” “obtain,” “order,” or “collect” in these Terms or on the Service with respect to any Pinnatta Messages, you and those to whom you send Pinnatta Messages do not own any Pinnatta Messages, which are provided by us or our licensors. If your account on the Service is terminated or suspended for any reason, you may lose the ability to access and otherwise interact with Pinnatta Messages that you have licensed from us. The length of time you or your recipients may have access to Pinnatta Messages will be determined by us in our sole discretion.
Proprietary Rights Notice. The Service is owned and operated by Pinnatta. The content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, computer code, software, products, and all other elements of the Site and the Apps provided by Pinnatta (“Pinnatta Materials“) are the valuable proprietary and intellectual property of Pinnatta or its licensors. Pinnatta Materials are protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content, information or software. Any attempt to download, print, publish or maintain the content, information, or software from the Service in violation of these Terms or any applicable license, to distribute copies of such content, information or software, including any Apps, or to otherwise exploit the content, information or software in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms.
Prohibited Use of the Service. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, violate the rights of, or disparage any person or entity. Without limiting the generality of the preceding sentence, you agree that you will not do or attempt to:
Undertake, cause, permit or authorize the modification,
creation of derivative works, translation, reverse engineering, decompiling,
disassembling or hacking of the Apps, Service, Pinnatta Materials or
User Materials (as defined in the Intellectual Property Policy available
Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation Pinnatta Materials and User Materials), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
Access or use the Service for any commercial or business purpose, including without limitation for comparative or competitive research purposes;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Apps or the Service, features that prevent or restrict the use or copying of any part of the Apps or the Service, or features that enforce limitations on the use of the Apps or the Service or any content therein;
Use any robot, spider, scraper, or other automated means of any kind to access the Service, except and solely to the extent permitted by these Terms and the features of the Service, deep-link to any feature or content on the Service (except as contemplated by such feature or content or by any functionality we may make available on the Service), frame or otherwise enclose any Pinnatta or Pinnatta trademark or any portion of the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of others;
Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Service;
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Materials;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise);
Sell, transfer, rent, or license any virtual goods or other Pinnatta Messages, or offer to do any of the foregoing;
Use the Service in any manner that violates any terms, conditions, policies, or rules of any third-party service, including but not limited to any social network or other service with which the Service is integrated; or
Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
Account Information & Responsibilities of Registered Users.
Responsibility for Account Activity.Your account is personal to you, and you may not
allow any third party to access your account. As you will be responsible
for all activity that occurs under your account, you should preserve
the confidentiality of your username and password, and any device that
you use to access the Service. If you have any reason to believe that
your account has been compromised or accessed by a third party, you
agree to immediately notify us by e-mail to email@example.com. You
are solely responsible for losses incurred by Pinnatta and others (including
other users) due to any unauthorized use of your account that occur
prior to notifying us that your account was compromised.
Contest terms. Pinnatta reserves the right to run contests and other promotional activities and campaigns awarding its users prizes (the “contest”) at any time without prior notice. Contests are not open to Pinnatta personnel. You, as a registered user at the time a contest is organised, will automatically participate, and hereby consent to participate and irrevocably accept these terms and any Pinnatta decisions, to such contest unless you have opted-out in your account settings page. Pinnatta reserves the right to choose the prize and/or prizes of a contest. Unless otherwise decided at Pinnatta discretion and communicated to participants in advance, during the term of a contest users will acquire points according to the following points system: 1 point will be credited to a user for each Pinnatta message the same user sends; 2 points will be credited to a user for each Premium Pinnatta message (if available) the same user sends; sharing and forwarding of Pinnatta messages receive no points. At the end of the contest term all credited points will enter a digital draw in order for the winner(s) to be randomly selected. Decisions by Pinnatta will be final in all respects. Winner(s) will be informed by Pinnatta in private, exclusively through their e-mail accounts as declared in their user accounts. Pinnatta reserves the right to announce winner(s) publicly; however, in such event all users consent in advance to such announcement in case they win in the contest. Winners consent to the use of their names/likeness for publicity purposes without additional compensation. All prizes are personal to the respective winners, are not transferable nor can they be exchanged for money. Each user can only win one prize. Pinnatta reserves the right to substitute a comparable prize if the original prize in unavailable. Winners have no obligation to accept the prizes. Pinnatta reserves the right to forfeit prizes to any winner who does not reply to the Pinnatta email above within two (2) days since it was sent. Winners are solely responsible for any and all applicable taxes associated with receipt of prizes. Contests are void where prohibited by law.
Third Party Content and Links. The Service may contain references or links to third-party materials and services (including, without limitation, web sites from third parties) not controlled by Pinnatta or its suppliers or licensors. Pinnatta provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Pinnatta is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service. Your correspondence or business dealings with, or participation in promotions of, sponsors, advertisers, and other third parties found on or through the Service are solely between you and such advertiser, sponsor, or other third party. YOU AGREE THAT Pinnatta WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS, SPONSORS, OR OTHER THIRD PARTIES ON THE SERVICE. When you leave the Service, these Terms no longer govern. You should review applicable terms and policies, including any relevant privacy policies, associated with any third party web sites, software, or services you utilize.
User Disagreements. Your use of the Service may bring you into contact with other users, and their User Materials, such as through sending Giphts to, receiving Giphts from, or otherwise communicating with other users using the Service. You are solely responsible for your involvement with other users. If you have a dispute with one or more Users, you release Pinnatta (and Pinnatta´s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Termination. By Pinnatta. Pinnatta, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) you may have on the Service, disable your access to the Service (or any part thereof, including but not limited to any virtual goods or other Pinnatta Messages), discontinue the Service, any portion thereof, and the availability of or ability to use any Pinnatta Messages, as well as any related services including support (or any part thereof), or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that Pinnatta shall not be liable to you or any third-party for any such termination. Pinnatta does not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the Service, and reserves the right to terminate access to the Service, or halt, suspend, or terminate Pinnatta Messages and/or any kind of prize that may be offered from time to time on the Service (whether proposed, pending or past) in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Pinnatta will not have any responsibility to deliver or allow you access to any of your User Materials or other information you may have stored with Pinnatta in connection with your use of the Service. These remedies are in addition to any other remedies Pinnatta may have at law or in equity.
By You. If you are dissatisfied with the Service, then please let us know by e-mailing us at firstname.lastname@example.org Your only remedy with respect to any dissatisfaction with (i) the Apps or the Service, (ii) any Pinnatta Messages, (iii) any of these Terms, (iv) any policy or practice of Pinnatta in operating the Service, or (v) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing your account, discontinuing your use of any and all parts of the Service, or providing Pinnatta with notice of termination at email@example.com.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4, and 9 through 20, and the Intellectual Property Policy.
Confidential Information. Certain content, information or software you access through the Service may contain confidential information of Pinnatta. You agree to keep Pinnatta´s confidential information confidential by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer Pinnatta´s information to any third party or use Pinnatta´s confidential information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Pinnatta´s confidential information, whether or not deemed a trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no action by you.
Submissions. If you choose to contribute by sending us any ideas for features, modifications, enhancements, refinements, products, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials, whether relating to the Apps or the Service or otherwise (“Submissions”), then regardless of what your accompanying communication says, the following terms shall apply:
We have no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
Submissions are non-confidential, and we are not under any obligation to keep Submissions you send confidential.
You irrevocably grant us and our successors and assign an unrestricted, transferable, sublicensable license to use, reproduce, modify, and distribute Submissions for any purpose, including by making, using, selling, and importing commercial products and services which incorporate or embody Submissions in whole or in part, free of charge and without attribution of any kind.
Indemnity. You agree to indemnify and hold harmless Pinnatta and its affiliates, licensors, and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Apps and the Service; (ii) your User Materials; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Materials infringes or violates any third party intellectual property rights. Pinnatta reserves 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 with our defense of these claims. You may not settle any matter that you are required to indemnify Pinnatta for without the prior written consent from Pinnatta. Pinnatta will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY PINNATTA MATERIALS, ANY PINNATTA MESSAGESS, AND ANY OTHER CONTENT, MATERIALS, SERVICES OR INFORMATION LICENSED, SUBLICENSED, OR OTHERWISE PROVIDED BY Pinnatta), THE APPS, ANY USER MATERIALS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Pinnatta AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Pinnatta AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ANY APPS, PINNATTA MESSAGES, PINNATTA MATERIALS, AND USER MATERIALS, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT USE OF THE APPS, INCLUDING OVERUSE, IMPROPER USE, OR USE WHILE DRIVING OR OPERATING OTHER MACHINERY OR ENGAGING IN OTHER ACTIVITIES, COULD RESULT IN HARM OR INJURY TO YOURSELF OR OTHERS AND DAMAGE TO SUCH DEVICE, OR TO OTHER PROPERTY, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH HARM, INJURY, OR DAMAGE.
Pinnatta MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY CONTEST OR OTHER PROMOTION OFFERED ON OR IN CONNECTION WITH THE APPS OR THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH Pinnatta HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
Limitation of Liability. IN NO EVENT WILL Pinnatta OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO PINNATTA MATERIALS, PINNATA MATERIALS, USER MATERIALS, THE APPS, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF Pinnatta OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Pinnatta OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY WHICH EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID Pinnatta IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Limitations; Basis of the Bargain. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Pinnatta, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Pinnatta, Pinnatta´S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT Pinnatta WOULD NOT BE ABLE TO OFFER THE APPS OR SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Pinnatta must be resolved by a court located in Santa Clara County, CA, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, CA for the purpose of litigating all such claims or disputes.
Notices. Pinnatta may provide you with notices by electronic mail, regular mail or postings on the Service. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Pinnatta is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
Miscellaneous. This is the entire agreement between you and Pinnatta relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Pinnatta with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in Section 8 (“Modification of the Terms”), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of Pinnatta to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pinnatta as a result of these Terms or use of the Service. You further acknowledge that by submitting or transmitting User Materials, no confidential, fiduciary, contractually implied, or other relationship is created between you and Pinnatta other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pinnatta without restriction, including by operation of law, reorganization, reincorporation, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
The services hereunder are offered by:
Pinnatta Inc. 440 N. Wolfe Rd, Sunnyvale CA 94085
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