TERMS OF USE
The following terms and conditions (the "Agreement") govern all use of the www.PinpointSocial.com website (the "Site") and the products and services available at the Site (taken together with the Site, the "Service"). The Service is owned and operated by Orange Rhino Media Ltd. ("Orange Rhino"). The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Orange Rhino. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
Orange Rhino reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
1. ACCESS.
Subject to the terms and conditions of this Agreement, the Service is solely for User's personal use. As used herein, "User" includes PinpointSocial.com's paying customers ("Customers"). This Agreement sets forth certain terms and conditions that apply to Customers, but not other other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control.
PinpointSocial.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. PinpointSocial.com may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
User certifies to PinpointSocial.com that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
2. RESTRICTIONS.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. PinpointSocial.com reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any PinpointSocial.com server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or PinpointSocial.com's systems or networks, or any systems or networks connected to the Service or to PinpointSocial.com.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
3. FEES AND PAYMENT.
If User is a Customer, User will pay PinpointSocial.com fees for the Service as set forth in the Pricing Page ("Fees"). Unless otherwise specified in the pricing guide, Customer shall pay all invoices issued under this Agreement in U.S. dollars within thirty (30) days from date of invoice. PinpointSocial.com reserves the right to change the Fees at any time (and such changes will apply on a going forward basis. All Fees are payable within thirty (30) days from the date of invoice. Unpaid invoices are subject to a finance charge of 1.5% per month or the maximum permitted by law, whichever is lower, plus all expenses of collection. Customer shall be responsible for all taxes associated with Service other than taxes based on PinpointSocial.com's net income. If Customer believes that PinpointSocial.com has billed Customer incorrectly, Customer must notify PinpointSocial.com thereof (in writing) no later than sixty (60) days after the date of the invoice, otherwise the amount invoice shall be conclusively deemed correct by the parties. All Fees paid are non-refundable (except in the event of overpayment, but subject to the preceding sentence) and not subject to set-off.
4. REGISTRATION; SECURITY.
As a condition to using certain products and services of the Service, User may be required to register with PinpointSocial.com and select a password and User name ("PinpointSocial.com User ID"). User shall provide PinpointSocial.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a PinpointSocial.com User ID a name of another person with the intent to impersonate that person; or (ii) use as a PinpointSocial.com User ID a name subject to any rights of a person other than User without appropriate authorization. PinpointSocial.com reserves the right to refuse registration of, or cancel a PinpointSocial.com User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's PinpointSocial.com password and other account information.
5. CONTENT.
User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by PinpointSocial.com at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by PinpointSocial.com in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User's own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of PinpointSocial.com.
6. INDEMNIFICATION.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless PinpointSocial.com, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) use or misuse of the Service; (ii) access to any part of the Service, or (iii) violation of this Agreement.
7. WARRANTIES
7.1 PinpointSocial.com Warranties to Customers.
If User is a Customer, PinpointSocial.com makes the following warranty to Customer: PinpointSocial.com shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer's sole remedy, and PinpointSocial.com's exclusive liability, for defects in the Service shall be for PinpointSocial.com to use commercially reasonable efforts to promptly correct such defects.
7.2 Customer Warranties to PinpointSocial.com.
Customer represents and warrants that: (i) with respect to all information it provides to PinpointSocial.com (such as, Recipient Information), Customer has the full right and authority to make such provision and to allow PinpointSocial.com to use such information to provide the Service (including, without limitation, for PinpointSocial.com to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party, and all applicable and regulations laws, including, but not limited to, laws related to privacy (whether applicable within the United States, Canada the European Union, or otherwise), SPAM, intellectual property, consumer and child protection, obscenity, and defamation.
8. WARRANTY DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PINPOINTSOCIAL.COM MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER'S REQUIREMENTS.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL PINPOINTSOCIAL.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). IN ADDITION, PINPOINTSOCIAL.COM SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER'S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATE DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. TERMINATION.
PinpointSocial.com may terminate this Agreement at any time, upon notice to User (which may be via email). Customer may terminate this Agreement at any time by cancelling Customer's PinpointSocial.com account online (Customer must follow the instructions located in the PinpointSocial.com account management page). All non-Customer Users may terminate this Agreement by either (i) by cancelling User's PinpointSocial.com account online (User must follow the instructions located in User's PinpointSocial.com account management page), or (ii) by ceasing to access or the Service. Upon termination notice from PinpointSocial.com, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
11. EXPORT AND TRADE CONTROLS.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all Canadian, foreign and other applicable laws and regulations.
12. PRIVACY.
PinpointSocial.com's current privacy policy is available at the Site (the "Privacy Policy"), which is incorporated by this reference. PinpointSocial.com strongly recommends that you review the Privacy Policy closely.
13. COPYRIGHT.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Orange Rhino Media ltd. or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the Site is the exclusive property of Orange Rhino Media Ltd. and protected by Canadian and international copyright laws. All software used on (or provided through) the Site is the property of Orange Rhino Media Ltd. or its software suppliers and protected by Canadian and international copyright laws.
14. MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Orange Rhino Media Ltd. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Orange Rhino Media Ltd.'s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Orange Rhino Media Ltd.'s prior written consent. Orange Rhino Media Ltd. may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, as if made within Ontario between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in Toronto, Ontario. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Orange Rhino Media Ltd. in any respect whatsoever.
PRIVACY POLICY
Your privacy is important to Orange Rhino Media Limited ("Orange Rhino"). This privacy policy ("Policy") applies to the Pinpoint Social Web sites ("Sites") and Pinpoint Social applications such as those built on popular social networking sites ("Applications"). This Policy explains how your personal information is collected, used, and disclosed by Pinpoint Social.
PERSONAL INFORMATION COLLECTED
We collect information from you in various ways when you use our Sites and Applications. We may collect personal information you directly provide on our Sites. In addition, we may collect personal information from you as a user of our Applications. Information we may collect includes name and email address, demographic information such as gender, education, birth date, preferences, and interests, and any other information requested from you. We may supplement this information with information collected from other companies.
In addition, when you visit our Sites some information may be automatically collected. For example, it is standard for your Web browser to automatically send information to every Web site you visit including ours. That information includes your computer's Internet Protocol (IP) address, access times, browser type and language, and referring Web site addresses. We may also collect information about your computer's operating system and information about your usage and activity on our Sites.
Cookies
We may automatically collect certain information through the use of "cookies." Cookies are small data files that are stored on your hard drive by a Web site. Among other things, the use of cookies helps us to improve our Sites and your experience. We use cookies to see which areas and features are most popular, to count the number of computers accessing our Sites, to personalize your experience, and to remember your preferences. If your browser is set not to accept cookies or if you reject a cookie, you may not be able to access certain features or services of our Sites.
Web Beacons
Web beacons, also known as gifs, are electronic images that may be used on our Sites or in our emails. A Web beacon may be used on our Web pages to collect information, deliver cookies, count visits, understand usage and campaign effectiveness, or in our emails to tell if an email has been opened and acted upon.
USE OF PERSONAL INFORMATION WE COLLECT
We use your personal information to provide you with services, to operate and improve our Sites and Applications, to send you messages, and for other purposes described in this Policy or disclosed to you on our Sites or in connection with our services. For example, we may use the information we collect from you on our Sites and Applications:
- to personalize and improve your experience on our Sites and with our Applications;
- to respond to comments and questions and provide customer service;
- to deliver service messages and other services and content you request and to send information related to accounts and services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- to send you information about new promotions, products, and services offered by Pinpoint Social and our selected partners; and
- to conduct an aggregated analysis of the performance of promotions.
Personal information you provide may be linked or combined with other personal information we collect or obtain from third parties. We match your information, in part, to help understand your needs and provide you with better service.
Pinpoint Social may store and process personal information in the United States and other countries.
SHARING OF PERSONAL INFORMATION
Some promotions and features of our Sites and Applications are presented jointly with other companies. If you choose to participate in those promotions or use those features, your information may be collected and used by Pinpoint Social and those other companies. Use of your information by those other companies for their own purposes is not controlled by Pinpoint Social and is subject to their own terms and privacy policies. Please review each sponsor's promotion rules and privacy policy for details.
We do not share your personal information with third parties other than as described above and as follows:
- with your consent, for example, when you agree to our sharing your information with other third party partners for their own marketing and other purposes subject to their separate privacy policies;
- with third party vendors, consultants and other service providers ("Service Providers") who are working on our behalf and need access to your information to carry out their work for us;
- to (a) comply with laws or respond to lawful requests and legal process, (b) to protect the rights and property of Pinpoint Social , our agents, members, and others including to enforce our agreements, policies and terms of use, or (c) in the good faith belief that disclosure is needed to respond to an emergency or protect the personal safety of any person; and
- in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. In any such event, we will provide notice if your data is transferred and becomes subject to a different privacy policy.
SECURITY OF YOUR PERSONAL INFORMATION
Pinpoint Social takes reasonable security measures to protect your personal information to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are impenetrable.
If you use a password on our Site, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused, please advise us immediately.
CHOICES ABOUT USE OF YOUR INFORMATION
You may "opt-out" of receiving promotional emails from Pinpoint Social by following the instructions in those emails. You may also send requests relating to promotional messages and your permission for sharing information with third parties for their marketing purposes by emailing privacy@pinpointsocial.com. Opt-out requests will not apply to transactional service messages, including messages about your current Pinpoint Social account and services.
You may also choose to remove the Application from your Facebook account by clicking on "Settings" in the toolbar and selecting "Application Settings" from the drop-down menu. Click the "x" next to the Application's name, then click "remove" again to confirm the deletion.
UPDATING AND ACCESSING YOUR PERSONAL INFORMATION
If your personal information changes, we invite you to correct or update your information as soon as possible. You can request changes or access to your information by emailing privacy@pinpointsocial.com.
CHANGES TO THIS POLICY
Pinpoint Social may change this Policy from time to time. If we make any changes to this Policy, we will change the "Last Updated" date above. If there are material changes to this policy, we will notify you more directly. We encourage you to review this Policy whenever you visit our Sites or use our Applications to understand how your personal information is used.
QUESTIONS ABOUT THIS POLICY
If you have any questions about this Policy, please contact us at privacy@pinpointsocial.com
