Terms of Use

Effective: August 18th, 2014.
Pin & Tucker Inc. (“Pin & Tucker”, “we”, “our” or “us”) provides a platform where users may post, link, share and manage Content (defined below) and have their images voted on or vote on others’ images within a community provided through our website (the “Site”) and through the use of our application for mobile devices (the “App”) (collectively, the “Service”). Please read the following terms of use (the “Terms of Use”) and our Privacy Policy (incorporated by reference into these Terms of Use) as they form a legal agreement between you and Pin & Tucker for the use of the Service. The Service is owned or controlled by Pin & Tucker and these Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. We reserve the right to update or modify these Terms of Use or terminate the Service at any time and without prior notice. Updates and/or modifications will be posted to our Site or made available through the App. Because of this, when you use the Service, you should check the date of these Terms of Use and review any changes since the last version.

There may be times when we offer, advertise or promote a special feature or product that has its own terms and conditions that apply in addition to these Terms of Use.

Eligibility

You must be 13 years of age or older to use the Service. You represent and warrant that you have the legal capacity and right to enter into these Terms of Use. We reserve the right to refuse service to anyone for any reason and at any time.

Pin & Tucker Account Registration

In order to access certain features of the Service and to post any Content on or through the Site or the App you must register to create a Pin & Tucker account.

You may register via the App, Site or by logging into your account with certain third party social media or social networking sites such as, but not limited to, Facebook and Twitter (“Third Party Account”). If you register through a Third Party Account we will extract/import the personal information from that Third Party Account (for example, full name and email address) and use that information to create your Pin & Tucker account. The information extracted/imported from the Third Party Account used will be dependent on the privacy settings you have with that Third Party Account. You consent to our access to and collection of such personal information.

During the registration process, you will be asked to establish a username and a password. You agree that you will not select a username that is the name of another person/entity with the intention of impersonating that person/entity or causing confusion about your Pin & Tucker account. You agree to provide accurate, current and complete information during the registration process and to keep such information current, accurate and complete. If you do not, we reserve the right to suspend or terminate your Pin & Tucker account.

Privacy

Use of the Service and App allows Pin & Tucker to obtain information from and about you. This information is subject to Pin & Tucker’s Privacy Policy. Please review our Privacy Policy.

Acceptable Use of Our Service

We grant you the right to use the Service, and the corresponding functionality, solely in accordance with these Terms of Use and your agreement of the following:

  • You are solely responsible for your conduct and any Content that you submit, post, and display on or through the Service.
  • You are responsible for safeguarding your password.
  • You are responsible for any activities or actions under your Pin & Tucker account (including under your screen name), whether or not you have authorized such activities or actions. You will immediately notify Pin & Tucker of any unauthorized use of your account.
  • You agree not to post, upload, publish, submit or transmit any Content that (a) infringes, misappropriates or violates a third party’s intellectual property rights (which may include patent, copyright, trademark, trade secret or moral rights for instance), or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances. Pin & Tucker reserves the right to determine what constitutes any one of the enumerated grounds above.
  • You also agree not to (i) post nude, partially nude, or sexually suggestive images or other Content; (ii) abuse, harass, threaten, intimidate, impersonate, or misrepresent your affiliation with other Pin & Tucker users or third parties; or (iii) use the Service for any illegal or unauthorized purpose.
  • You will not modify, adapt or hack Pin & Tucker or modify another website or application so as to falsely imply that it is associated with Pin & Tucker.
  • You will not access, tamper with, or use non-public areas of the Site or App, Pin & Tucker’s computer systems, or the technical delivery systems of Pin & Tucker’s service providers.
  • You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, App or the Service.
  • You will not cache, collect or otherwise store any content from Pin & Tucker including but not limited to Content or personally identifiable information (as defined in our Privacy Policy), including user profiles and images.
  • You will not attempt to access or search the Service or download content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Pin & Tucker or other generally available third party web browsers.
  • You agree not to use, display, mirror or frame the Site or App, or any individual element within the Service, Pin & Tucker’s name, any Pin & Tucker trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without first obtaining Pin & Tucker’s express written consent.
  • You will not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation or create or submit any unwanted or inappropriate comments.
  • You will not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by transmitting any worms or viruses or any code of a destructive nature, or overloading, flooding, spamming, or mail-bombing the Service.
  • You will not encourage or enable any other individual to do any of the foregoing.

If you breach any of the above terms, we may suspend, disable or terminate your account, at our sole discretion and without prior notice to you. We may, but are not obligated to, remove, disable or terminate access to any Content or accounts that we determine in our sole discretion are unlawful, offensive, threatening, defamatory or otherwise objectionable or violates any party’s intellectual property or privacy rights or violate these Terms of Use. Pin & Tucker shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us.

We reserve the right to prohibit, reclaim or reassign any username that becomes inactive, violates a third party’s trademark or other intellectual property or privacy rights, or may mislead other users.

While we prohibit certain conduct and Content on the Service, you understand and agree that Pin & Tucker cannot be responsible for the conduct of persons while using the Service or Content posted on or through the Service and you may be exposed to such materials and that you use the Service at your own risk.

Proprietary Rights, Content and Licenses

  • ContentOur Service will allow you and other users to post, link, share and make available certain images, information, recommendations, comments and other supported content (“Content”). Pin & Tucker does not claim ownership rights in the Content that you post on or through the Service. You are solely responsible for the Content that you post to the Service.
  • License to Pin & TuckerBy posting Content to the Service, you grant Pin & Tucker a non-exclusive, royalty free, perpetual right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service in any media formats and through any media channels. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms of Use. You waive any and all moral rights you may have in any copyrighted or copyrightable portion of the Content, including the right to attribution of authorship, the right to restrain any distortion or other modification of the Content, and the right to prohibit any use of the Content in association with a product, service or institution. You acknowledge that Pin & Tucker performs technical functions necessary to offer the Service, including but not limited to recording and/or reformatting Content to allow its use throughout the Service.Some of the Service may be supported by advertising revenue and may display and offer advertisements and promotions. You agree that Pin & Tucker may provide such advertising and promotions on the Service which may be provided in conjunction with your Content. The manner and extent of such advertising and promotions are subject to change without notice to you.You represent and warrant that: (a) you own the Content or have the full right to grant the license to Pin & Tucker as set out in these Terms of Use; (b) the posting and use of your Content does not violate the privacy or publicity rights, contractual rights, copyright or other intellectual property rights or any other rights of any person; and (c) you agree to pay for all royalties, fees and any other outstanding payment by reason of Content you post on or through the Service.You will not use, copy, modify or create derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms of Use. No license or right is granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pin & Tucker or its licensors, except for the licenses and rights expressly granted in these Terms of Use.Pin & Tucker, in its sole discretion, may delete any Content for any reason, without prior notice. Pin & Tucker encourages you to maintain a backup of your Content. You agree that Pin & Tucker is not a backup service and will not be liable to you for any modification, suspension, or discontinuation of the Service or the loss of any Content.
  • App License to UserSubject to your compliance with these Terms of Use, Pin & Tucker grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal use. In addition, with respect to any App accessed through or downloaded from the Apple App Store (“Apple Store Sourced App”), you will use the Apple Store Sourced App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the usage rules identified in the Apple App Store Terms of Service, which may be renamed and/or modified from time to time. Pin & Tucker reserves all rights in and to the App not expressly granted to you under these Terms of Use.

Accessing and Downloading the App from iTunes

The following applies to any Apple Store Sourced App:

  • You acknowledge and agree that (i) these Terms of Use are entered into between you and Pin & Tucker only, and not Apple, and (ii) Pin & Tucker, not Apple, is solely responsible for the Apple Store Sourced App and any content thereof. Your use of the Apple Store Sourced App must comply with the Apple App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Store Sourced App.
  • In the event of any failure of the Apple Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Store Sourced App to you and to the maximum extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to the Apple Store Sourced App. As between Pin & Tucker and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pin & Tucker.
  • You and Pin & Tucker acknowledge that, as between Pin & Tucker and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple Store Sourced App or your possession and use of the Apple Store Sourced App , including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Pin & Tucker acknowledge that, in the event of any third party claim that the Apple Store Sourced App or your possession and use of that Apple Store Sourced App infringes that third party’s intellectual property rights, as between Pin & Tucker and Apple, Pin & Tucker, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  • You and Pin & Tucker acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the Apple Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms Of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Apple Store Sourced App against you as a third party beneficiary thereof.
  • Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the Apple Store Sourced App.

Third Party Sites and Services

The Service may contain links to third-party websites or resources. You acknowledge and agree that Pin & Tucker is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not constitute any endorsement by Pin & Tucker of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Disruption of Services

You acknowledge and agree that from time to time the Service and App may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which Pin & Tucker may undertake from time to time, service malfunctions and causes beyond the reasonable control of Pin & Tucker or which are not reasonably foreseeable by Pin & Tucker including without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, internet service provider, network congestion, attacks or other failures.

Disclaimer of Warranties

THE SERVICE AND APP ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PIN & TUCKER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PIN & TUCKER MAKES NO WARRANTY THAT THE SERVICE OR APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS AND MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICE OR APP.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PIN & TUCKER OR THROUGH THE SERVICE OR APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT PIN & TUCKER DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES PIN & TUCKER MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. PIN & TUCKER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, all risk resulting from your access to and use of the Service, App and Content remains with you. In no event will Pin & Tucker and any other person or entity involved in creating, producing or delivering the Services or Content, be liable for any indirect, special, incidental, consequential (including without limitation, lost profits, loss of data or loss of goodwill, service interruption, computer damage of system failure or the cost of substitute products or services), or other damages based on warranty, contract, tort (including negligence), product liability or otherwise, arising out of your use or inability to use the App or Service even if Pin & Tucker have been informed of the possibility of such damages.

You further acknowledge and agree that Pin & Tucker is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephone as a result of the installation or use of the App.

Governing Law

These Terms of Use and any action related to these Terms of Use will be governed by the laws of the province of Ontario, Canada and the federal laws applicable in Ontario without regard to conflict of law provisions.

Force Majeure

If the performance of any part of these Terms of Use is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of such party and without its fault or negligence, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.

General

  • All trademarks, service marks, logos, trade names and any other proprietary designations of Pin & Tucker used in connection with the Service or the App are trademarks or registered trademarks of Pin & Tucker. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
  • The failure of Pin & Tucker to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.
  • If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
  • These Terms of Use constitute the entire understanding and agreement between Pin & Tucker and you regarding the Service and Content and replace all previous versions.
  • You may not assign or transfer these Terms of Use without Pin & Tucker’s prior written consent. Pin & Tucker may freely assign or transfer these Terms of Use.
  • Any notices or other communications permitted or required by these Terms of Use, including those regarding modifications to these Terms of Use, will be given by Pin & Tucker (i) via email (in each case to the address that you provide); or (ii) by posting to the Site or through the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service. You may submit feedback by emailing us at support@pinandtucker.com. You acknowledge and agree that if you submit any feedback to us, you hereby grant us all rights in your feedback including 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.

Account Cancellation

You may cancel your Pin & Tucker account at any time by sending an email to us at support@pinandtucker.com.

Questions

If you have any questions about these Terms of Use please contact us at support@pinandtucker.com.