Your use of the App through Apple iOS mobile application software is subject to the Additional Terms in Annex A below, which are incorporated herein.
Please read these Terms carefully before You begin to use the Services. By accessing or using the Services in any manner, You accept and agree to be legally bound and abide by these Terms, as well as all other operating rules, policies and procedures that may be published from time to time on or through any Service by Us, each of which is incorporated by reference and each of which may be updated from time to time without notice to You. DO NOT USE ANY OF THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. BY YOUR ACCESS TO, AND USE OF, ANY SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION.
SECTION 6 OF THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND WAIVER OF JURY TRIAL. THOSE TERMS AFFECT THE RIGHTS YOU HAVE IN ANY DISPUTE WITH US AND OUR AFFILIATES, AND HOW ANY SUCH DISPUTE MAY BE RESOLVED.
Grant of License and Restrictions on Use.
(a) Grant of License. Subject to the terms and conditions of these Terms, Pinto grants You a limited, revocable, non-exclusive, non-sublicensable and nontransferable license to use (i.e., to access, download, install, stream, and display locally) the Services and Content (as defined below) solely for purposes of collecting, reviewing, and inputting product data into Pinto’s systems (the “Permitted Use”). Use, reproduction, modification, distribution or storage of any Services or Content for any other purposes is expressly prohibited without prior written permission from Us. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for any non-Permitted Use or in any way that violates any third party right. We also reserve the right to suspend or terminate this grant and Your use of the Services and/or Content for any or no reason at any time, with or without notice to You.
(b) Registration. You may be asked, or elect, to register for certain activities in connection with the Services by creating a user profile. When You register, You agree to provide accurate, current and complete information about Yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services in Our sole discretion, including, without limitation, if We suspect that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that You are given or select in connection with the Services, and You are responsible for all activities that occur under Your password or account, whether or not authorized by You.
(c) Compliance with Law. The Services are provided in and from the United States and their use shall be governed in accordance with the laws of the United States and are solely for use in the United States. If You use or access the Services from locations outside of the territorial jurisdiction of the United States, You do so at Your own risk, and You are responsible for compliance with any and all applicable United States and foreign government laws and regulations. You will not use or access the Services from jurisdictions where any content or features that are available on or through the Services are illegal. You will not access or use the Services if:
(i) You are presently located in a country that is subject to U.S. Government sanctions or embargos, or that has been designated by the U.S. Government as a “terrorist supporting” country; and/or
(ii) If You or a related party is or later becomes subject to any U.S. Government or foreign country’s list of prohibited, restricted, or sanctioned parties.
(d) Restrictions. You may not (and may not permit any third party to) access or use, or attempt to access or use, the Services or Content to take any action that could harm Pinto or any third party, or interfere with the operation of the Services, nor may You use the Services in a manner that violates any applicable laws, rules or regulations. Without limiting the foregoing, You agree not to use any Service or Content:
(i) In any way that violates any applicable federal, state, local or international law or regulation; including, but not limited to, in any way that infringes any intellectual property, right of publicity or other right of any third party;
(ii) In any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Us in Our sole discretion;
(iii) To submit any information or Content You know, or have reason to know, is false, misleading, untruthful or inaccurate;
(iv) To misrepresent, impersonate or attempt to impersonate Pinto, a Pinto employee, another user or any other person or entity, or the origin of any information You provide (including, without limitation, by using e-mail addresses associated with any of the foregoing);
(v) To transmit, or procure the sending of, any unsolicited advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
(vi) To obtain or attempt to gain unauthorized access to any computer system, network, data, identification, password or other information, financial, health-related or otherwise, of Ours or of any third party, nor to bypass, circumvent or attempt to bypass or circumvent any measures We may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected directly or indirectly to the Services);
(vii) To engage in unauthorized spidering, scraping, crawling or harvesting of Content or information, or use any other unauthorized automated, or manual, means to compile any Content or information from the Services;
(viii) To upload or otherwise transmit any communication, software, or material that contains a virus or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of the Services or obtain unauthorized access to any system, data, password, Content or other information of Ours or of any third party, or is otherwise harmful to Our or third party computers or systems;
(ix) To use any device, software, or routine imposing an unreasonable or disproportionately large load on Our network (as determined by Us in Our sole discretion), to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, network or infrastructure;
(x) To copy, rent, lease, or distribute the Services; modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services; nor reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; or
(xi) To engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Our sole judgment, exposes Us or any of Our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.
(e) No Ownership by You; Reservation of Rights. Subject to any separate written agreement between You and Us with respect to the Content or any elements thereof, You acknowledge and agree that the Services and Content are provided under license, and not sold, to You, and that as between You and Pinto, Pinto and its licensors and service providers own all rights in the Services and Content. You do not acquire any ownership interest in the Services or Content under these Terms, or any other rights thereto other than to use the Services or Content in accordance with the license granted, and subject to all terms, conditions and restrictions under these Terms. Pinto and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Services and Content, including all intellectual property rights therein or relating thereto. Further, the Services and Content contain intellectual property owned by third parties, and all third party product names/brand names and content are trademarks or other intellectual property rights of their respective owners.
(a) General. For purposes of these Terms, “Content” includes, without limitation, any information, data, text, photographs, images, drawings, written posts and comments, software, scripts, graphics, trademarks, logos, and indicia, provided, or otherwise made accessible on or through the Services. You acknowledge and agree that We may remove, modify, or disable access to any Content for any reason in Our sole discretion, including without limitation any Content that We determine is or may be misleading, inaccurate, fraudulent, disparaging, discriminatory, hateful, harassing, promoting of violence or unlawful conduct, constitutes unlawful or misleading endorsements or solicitations, or otherwise inappropriate.
(b) Product Content. You represent that all Content that You provide is, to the best of Your knowledge, true, accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. If You know, or have reason to believe, that any Content is inaccurate or incomplete in any way, You must promptly, if You have authorized access to do so, correct such Content and, if You do not have authorized access, inform Us as provided in “Contact Us” below.
(c) Content License. By submitting or transmitting Content to Us or to or through the Services, subject to any separate written agreement between You and Us with respect to the Content or any elements thereof, You grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable (through multiple levels) and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content in connection with the Services and Our and Our customers’ businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and services), and including after termination of these Terms with respect to You and/or termination of Your access to, or use of, the Services. You also grant each user of the Services a non-exclusive, perpetual license to access Your Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content, including after termination Your access to the Services, for Personal Use. For clarity, the foregoing license granted to Us and Our users does not affect Your other ownership or license rights in Your Content, including the right to grant additional licenses to Your Content, unless otherwise agreed in writing. You represent and warrant that You have all rights to grant such licenses to Us without infringing, violating or misappropriation of any third party rights, including without limitation, any intellectual property, privacy, publicity, or other proprietary rights.
(d) Availability of Content. We do not guarantee that any Content will be made available on or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in Our sole discretion, at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if We are concerned that You may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.
(e) Copyright Claims. If You are a copyright owner or a copyright owner's agent and You believe any Content submitted to and hosted on the Services infringes Your copyright(s), then You may submit a notification by following the rules of the Digital Millennium Copyright Act (“DMCA”), which require that You notify Our designated copyright agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that You claim is infringed;
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Service;
The address, telephone number, and/or electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is Our policy to respond to notices of alleged infringement that comply with the DMCA. Accordingly, You understand that if You fail to comply with all of the requirements of the DMCA listed above, Your notice may not be valid. We will promptly terminate without notice the accounts of users that are determined by Us to be “repeat infringers”.
Our designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Copyright Compliance Department, The Sage Project Inc. (d/b/a Pinto), 335 Madison Ave, 6th Floor, Suite F4, New York, NY 10017, or by electronic mail at firstname.lastname@example.org. This contact information is only for reporting alleged copyright and other intellectual property infringement claims. Contact information for other matters is provided elsewhere in these Terms.
Term and Termination.
- These Terms are effective from the time You first use or access the Services and continues in effect until terminated by Us. Your rights under Section 1 of these Terms will terminate automatically, without need for notice from Us, if You fail to comply with, or if You breach, any term(s) of these Terms.
Disclaimers; Limitation of Liability; Sole Recourse.
(a) Disclaimer of Warranties. YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES ABOUT THE OPERATION OF THE SERVICES, CONTENT OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, MALICIOUS CODE OR ERRORS, OR UNINTERRUPTED.
(b) Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PINTO NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR THIRD-PARTY PROVIDERS OR LICENSORS, INCLUDING WITHOUT LIMITATION APPLE INC., BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE, MISUSE, RELIANCE ON OR INABILITY TO USE THE SERVICES, CONTENT, OR ANY SITES LINKED, FROM OR ACCESSED THROUGH THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PINTO, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IN CONNECTION WITH, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, LOSS OF DATA, DELETION OF FILES, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.
(c) Sole Remedy. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, WARRANTIES AND LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES OR CONTENT, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
- You agree to defend, indemnify, defend and hold harmless Pinto, its affiliates, licensors, and its and their respective officers, directors, employees, representatives, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees and expenses (including any incurred in enforcement of this provision), arising from or relating to: (i) Your (or any third party using Your identity or account on the Services) use or misuse of, or access to, the Services or Content; (ii) Content provided by You (or any third party using Your identity or account on the Services); (iii) or Your (or any third party using Your identity or account on the Services) breach of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses and providing any and all necessary or reasonable information and access (including to individuals).
Governing Law; Dispute Resolution.
(a) Governing Law. The laws in effect in the State of New York shall govern these Terms, without giving effect to its conflicts of law principles.
THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN A COURT OF COMPETENT JURISDICTION. YOU AGREE THAT WE MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN NEW YORK COUNTY, NEW YORK, RESONABLE OR NECESSARY TO PROTECT ITS RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT.
- We expressly reserve the right to monitor any and all use of the Services and Content, but have absolutely no obligation to do so, nor to continue to do so at any point. We also reserve the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Content.
- (a) Amendment of These Terms. Pinto reserves the right to change or modify these Terms at any time in Our sole discretion without further notice. Such changes, revisions, or modifications shall be effective immediately upon being posted in relation to the Services. Continuing to use the Services after We post changes to these Terms constitutes Your acceptance of those changes. You are expected to check this page so You are aware of any changes, as they are binding on You.
- (b) Severability. If any provision of these Terms is held to be void, illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
- (c) Headings for Convenience Only. Headings are provided for convenience only, and no interpretation or construction of these Terms shall be derived from or based on headings.
- (d) No Waiver. No waiver of by Pinto of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pinto to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- (e) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
- (f) Assignability. These Terms are personal to You, and are not assignable, transferable or sublicensable by You except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.
- (g) Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
- (h) Entire Agreement. These Terms constitute the entire agreement between You and Pinto with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
- (i) Survival. Any provisions of these Terms which, by their nature, are intended to survive, shall survive the termination of these Terms regardless of the reason or reasons therefore.
- If You have any questions about these Terms or the Services, please contact Us at 335 Madison Avenue, 6th Floor, Suite F4, NY, NY, 10017, or via e-mail at firstname.lastname@example.org.
Last Updated: December 24, 2021
ANNEX A: APPLE IOS SOFTWARE APPLICATIONS
1. The Agreement is entered into and binding between You and Us, and not Apple, Inc. (“Apple”), and as between Us and Apple, We are responsible for the App Services and their content, subject to the limitations and disclaimers contained in the Agreement. Apple has no obligation whatsoever to furnish any maintenance and support with respect to the App Services. Apple is not responsible for addressing any claims by You or any third party relating to the App Services, including but not limited to: (a) product liability claims; (b) any claim that the App Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App Services or Your possession and use of the of the App Services infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
2. You are only permitted to use the App Services on any Apple-branded products that You own or control, and as permitted by the App Store Terms of Service, except that the App Services may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing functionality or volume purchasing.
3. We are providing the App Services AS-IS, and disclaim all warranties of any kind, express or implied, as fully set forth in the Agreement. To the extent any warranty is nevertheless adjudged to exist by a court of law or other legal authority with respect to the App Services, and is not effectively disclaimed by the Agreement, however, Pinto, and not Apple, is responsible for any such warranty term with respect to the App Services. Apple’s sole warranty obligation in such circumstances is limited to refunding the App Store purchase price of the particular App Services upon receipt of notification from You that the App Services failed to conform to the applicable warranty, and to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be Our’s sole responsibility.
4. You must comply with any applicable terms of third-party agreements relating to Your use of the App Services.
5. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of the Agreement with respect to the App Services, and that, upon Your acceptance of the Agreement, Apple will have a right (and will be deemed to have accepted the right) to enforce the Agreement against You with respect to the App Services as a third-party beneficiary thereof.