Effective: August 18th, 2014.
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.
Acceptable Use of Our Service
- 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 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.
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.
Accessing and Downloading the App from iTunes
The following applies to any Apple Store Sourced App:
- 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.
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.
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.
- 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service. You may submit feedback by emailing us at firstname.lastname@example.org. 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.
You may cancel your Pin & Tucker account at any time by sending an email to us at email@example.com.