2. Parties to the Agreement
3. Use of Our Service3.1 Overview of Our Service
Pinster platform helps you to create graphic desings online for free.3.2 Eligibility
Pinster can be used only in compliance with this non-negotiable, binding agreement and all applicable national and international laws. By using Pinster you declare that you have full rights and authority or otherwise competent to enter into a binding agreement. You also declare you are under no legal or contractual bindings that interfere with the terms of this agreement. In order to use or access Pinster, you must be 13 years old or older. If you are less than 13 years of age, your use of Pinster must be registered and supervised by your parent or guardian or any authorized adult (e.g. Teacher, Tutor,etc.). Children under 13 years of age must not furnish their personal or individually identifiable information. By using Pinster you declare you are 13 years of age or older.
If you are found to provide false information you are liable for perjury charges. If you are creating an account on Pinster on behalf of your organization or institution or entity, you must be a competent authority to enter into a binding agreement on behalf of the entity and bind the entity to these Terms. You must discharge your obligations and bear liabilities to these Terms.3.3 License to Use Our Service
5. General Terms
1. You will not attempt to damage or alter the way the Pinster Site works or appears. You will not disrupt, attempt to hack, test or attempt to increase the vulnerability of the Pinster Site, Services, networks, databases, resources or servers including but not limited to transmitting viruses, malware, spyware and any other destructive code. You will not engage in activities like launching Denial of Service (DOS) attacks or attempting to bypass any security procedures.
2. You cannot indulge in any unlawful, illegal or fraudulent activity. You warrant that you are in full compliance of all applicable local, provincial, national and international laws, regulations, embargos or restrictions of particular entities.
3. Pinster reserves the right to assign, transfer or sub-contract its rights, interests, obligations relating to the agreement to a third-party at our sole discretion but your rights and obligations under the agreement, unless consented by Pinster in writing, will remain non-transferable.
4. You must create accounts in the Pinster Site or Services personally. Creating accounts in the Pinster Site or Services using unauthorized means including but not limited to using automated devices, scripts, bots, spiders, crawlers or scrapers is prohibited.
5. You warrant that the information you provide to the Pinster Site or Services is true, accurate and complete. You acknowledge that it is your obligation to this agreement to update your account information and maintain its accuracy. You understand in case you are found to provide false information you are liable for perjury charges.
6. You will not provide or post confidential information, personal identification number(s), or email addresses of anyone else. You will not use, collect or disclose to a third-party, the credentials or account information of other Pinster users.
7. You will not indulge in sending unsolicited messages, spamming, solicitation or advertising products or Services to other Pinster users. You must not create, post, or publish content and/or alter the Pinster Service to create a false implication of association or affiliation of a website, product, Service or entity with Pinster Site. You will not attempt to infringe, transgress or breach the privacy of other Pinster users and incite or entice any user to follow any link to a malicious page. You will not post unwanted, offensive or profane comments.
8. You will not create, post or publish nude, partially nude, sexually suggestive, pornographic, infringing content or materials. You will not create, post or publish content or materials which incites crime, violence, cruelty, hatred, discrimination based on ethnicity or racial hatred. You will not use images, photos or content explicitly banned in your jurisdiction.
9. You will not indulge in activities of defaming, stalking, harassing, abusing, violating minors’ rights, threatening, impersonating or intimidating people or entities. You will not create, post or publish content endorsing, promoting or patronizing use of narcotics, arms, fire arms, ammunition or weapons.
10. You understand that you are solely responsible for your interactions with other Pinster users. Pinster is not liable for any action or conduct of Pinster users. You are advised to use your best judgement while interacting with other Pinster users, online or offline. Pinster reserves the right to monitor the account activity of all users or contributors of Pinster.
6. Pinster Content
All materials, content, features and functionality contained on the Website are Copyrighted under Pinster. All rights reserved. Pinster is a Trademark or Service owned and operated by Pinster. No person or entity is authorized to copy or distribute any portion of the Pinster website. Pinster, its Trademarks and Service marks including but not limited to logos and designs must not be used without the written authorization by Pinster. The photos/icons/assets from Pinster are royalty-free, Creative Commons Zero (CC0) licensed, which can be used both for personal and commercial purposes. The images under Photos from Pixabay are free images provided by Pixabay.com. There is no need to set up a link to the source or attribution of the images. We provide access to their stock images via API and we bear no responsibility for any copyright infringement of those images. You will not copy, imitate, modify, distribute, reproduce, publish, transmit any part of the Pinster Site, in whole, partial or modified form including but not limited to the images, photos, icons, cliparts, masks, collage templates or page headers. Violation of this term will result in legal action against you by Pinster. You will not copy, collect, download, create derivative works, display, resell or distribute any copyright protected content using any software, any extraction techniques, including but not limited to deep-links, page scrape, spiders, robots or crawlers.
7. User Content7.1 Uploading User Content
We do not claim any rights to the content including but not limited to the images, text fonts or materials that you upload. You will bear full responsibility for the material or content that you create, upload, post, transmit, share or publish on public platforms or social websites using or through the Pinster Site or Service.
For legal purposes and purposes of this Agreement, “Intellectual Property Rights” denotes all patent rights, copyright rights (for artistic and literary works), industrial designs, mask work (layout designs) rights, moral rights, publicity rights, Trademark , trade dress and Service mark rights, goodwill, undisclosed information (trade secret) rights and other intellectual property rights.
8. Paid Services8.1 Billing Policies
The use of some of WoFox's Services may be subjected to payment of a fee, as determined by WoFox in its sole discretion. If you choose to use those paid Service, you agree to the pricing and payment listed on that Service which may be updated from time to time, and it is solely the discretion of WoFox.8.2 No Refunds
You agree and acknowledge that you will not receive refunds. Without limiting the generality of the foregoing, WoFox may provide refunds but not obligated to do so. We advise you to carefully study the user guide, free samples, video demos and screen shots before subscribing for the paid Service.
9. Pinster Accounts
You will not transfer, sell, or assign your username, password or account details to anyone else. Any access, use of Pinster Site or its Services using your unique username, password or security code will be deemed as your access or use of Pinster Site or its Services for all legal or judicial purposes. You will not create fake account(s) or account(s) for anyone else other than yourself unless you are authorized by your company, organization, institution or entity to do so on behalf of the entity.
10. Monitoring and Enforcement
12. Third-Party Links
You acknowledge that our website www.pinster.com or its Services may contain links or advertisements to third party websites, advertisers, merchandises, offers or Services. Linking to third party websites does not imply our endorsement, approval of or affiliation with that website. We offer no commitments or warranties on the product or Service by the third parties. We bear no responsibility for any information; product or Service provided by or through such websites and disclaim any liability for your use of the links to any third-party websites. If you access any third-party website, you do so at your own sole risk. We shall not be held responsible for any damages or financial loss of any sort incurred by you relating to your dealings or transactions with such third-parties. Pinster shall never monitor or be a part of any of your business dealings or business relationship with any such third-party.
You may submit your queries, concerns, feedback, ideas, comments and suggestions about the Pinster Site or its Services or we might do so for providing a better Service. You assent Pinster to use your queries, concerns, feedback, ideas, comments and suggestions for improving its Service or promoting its business in its sole discretion. You acknowledge that Pinster is under no obligation to notify you or pay any compensation (financial or otherwise) for any such a usage or intellectual property contained. Pinster does not waive any rights to use similar or related ideas conceived or developed by Pinster. Pinster is not obligated to respond to any of your queries, concerns, feedback, ideas, comments, suggestions or report of violation of the Terms.
14. Electronic Comminications
You assent to receive all notices, feedbacks, disclosures, promotions (optional), and newsletters (optional) related to your use of Pinster Site and Services through electronic delivery to your registered email address and/or mobile device. You understand and acknowledge that the dispatched emails and messages satisfy the legal requirement or obligation of written communication. The emails and messages will be considered as received on the day of receipt.
15. No Representations or Warranties
Pinster disclaims all representations, warranties, conditions, covenants and undertakings of any kind (expressed or implied or by reason of custom) including but not limited to implied warranties of merchantability, warranty of fitness for a particular purpose, warranties arising from course of dealing or usage of trade, warranty of title or non-infringement to the maximum extent under applicable laws. Pinster Site, its product and Services are made available on ‘As Is’ or ‘As Available’ basis. You use Pinster Site, its product, content and Services at your sole risk and discretion. Pinster does not warrant that the contents or materials featured in the Pinster Site, its products or Services are authentic or reliable. Pinster does not warrant the uninterrupted availability of the Service, the Pinster Site, its products or Services are free of errors, viruses, malicious codes, unauthorized access of your personal information or phishing attempts. Pinster is not liable for any damage to your computer system or mobile device. No employee, representative, or the affiliated company of Pinster is authorized to make any such claim on the behalf of Pinster.
16. Limitation of Liability
Pinster and its employees, in no event, shall be held liable to (i) injury, loss, damage to person or property, accident, incidental or punitive damages, loss of profits, loss of goodwill, tort due to the use of our Services (ii) loss of your account information, loss or damage of user content, and personal information or user content obtained through the website by hacking or tampering or unauthorized access to our secure servers (iii) delay, interruption, downtime or unavailability of the website (iv) any viruses, bugs or malicious scripts that may be transmitted by any third party through our website or Service. Pinster disclaims all liabilities in connection with your use of our Service.
By entering the agreement you agree to indemnify and defend Pinster, its employees or affiliated companies (Indemnified Parties) from and against all legal suits (successful or not), threatened suits, proceedings, claims, payments, disbursements, settlements, obligations, liabilities, penalties imposed, damages, losses, expenses including but not limited to attorney’s fees due to
Pinster reserves the right to assume full control and defense of any of your obligation under your indemnification and receive full reimbursement from you, of all expenses incurred by the Indemnified Parties in such a defense. If your use of the Pinster Site, its content and Services brings Pinster into disrepute, you will assume civil liabilities.
18. Entire Agreement/Severability
19. Governing Law and Arbitration