Effective Date: [February 6, 2014]
Accounts, Forms, Registrations and Passwords
This Site is designed for and intended for use by adults who are 18 years or older and capable of forming a binding contract with us and are not barred from using the Services under applicable law. If you are under 18 years old, you may use this Site and/or Services only with the involvement of a parent or guardian. Such parent or guardian must provide his/her information on your behalf, especially in the case of purchasing any products from our Site, and must monitor and supervise the use of this Site by you. If you are under 18 years old, your parent or guardian agrees to be fully responsible for your use of this Site.
Registration and Your Information
If you want to use certain features of the Services, you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook (an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
If you create an Account, you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. You agree that you will not disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. If you create an Account, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms, as well as keeping such information accurate, complete and up-to-date. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. If you do not, Pinrose might have to suspend or terminate your Account. Pinrose is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Pinrose. You are responsible for all activities that occur under your Account, whether or not you know about them.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Pinrose immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Pinrose, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of the Services at any time without notice to you. Pinrose cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If you do not wish to receive such communications from us, you can choose to “unsubscribe” through the hyperlink shown in our e-mail communications.
Content and Content Rights
Content Ownership, Responsibility and Removal
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Pinrose a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, disclose, transmit, publish, broadcast, post, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. [Note to Pinrose: This is the broad license grant we discussed on our call which you would receive from the user to use the user’s content. Please let us know if this scope is not broad enough to capture what you need.]
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Pinrose on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
[You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.] [Note to Pinrose: Please confirm if this is the case. If not, this can be deleted.]
Rights in Content Granted by Pinrose
Subject to your compliance with these Terms, Pinrose grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. [Note to Pinrose: This is the narrow license grant you are providing to the user, per our call. You’ll notice that we explicitly state that the user can only use in connection with the services and for their personal/noncommercial purpose. This should address your concerns regarding (1) using Pinrose’s brand without your authorization and (2) using the recommendation engine without Pinrose’s authorization. We’ve also addressed these explicitly in the “General Prohibitions” section.]
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. Furthermore, you agree that Pinrose is free to use and consequently you grant Pinrose similar permissions to use, copy, modify, create derivative works based upon and otherwise exploit any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose.
User Content Dissemination
You agree not to do any of the following:
Pinrose has no obligation to monitor the Services or Content or any portion thereof. However, we reserve the right to review any Content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice to you. Pinrose has no obligation to display or post any Content.
Digital Millennium Copyright Act
Pinrose expects all users to respect the intellectual property rights of others. Pinrose may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. Please see our Copyright and IP Policy by emailing email@example.com for further information.
Risk of Loss
All products purchased in connection with the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For our returns and exchanges policy, see https://www.pinrose.com/returns. For our pricing policy and payment terms, email firstname.lastname@example.org.
Links to Other Websites
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites or resources accessible in connection with our Services. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party website or resources.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS AND SERVICES, AND ANY PRODUCTS YOU PURCHASE VIA THE SERVICES, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINROSE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, PRODUCTS AND SERVICES, WHETHER PROVIDED OR OWNED BY PINROSE OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PINROSE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND CONTENT IS ACCURATE, COMPLETE, OR CURRENT. PINROSE MAKES NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
LIMITATION OF LIABILITY
In no event will OUR total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content, OR ANY PRODUCTS YOU PURCHASE VIA THE SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID TO US PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR FIFTY DOLLARS ($50),IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PINROSE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ARE FUNDAMENTAL ELEMNTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Pinrose otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Pinrose submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Pinrose will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Pinrose will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).