Pinlicious.com USER AGREEMENT
PLEASE READ THIS USER AGREEMENT (“AGREEMENT“) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER“) AND PINLICIOUS.COM (“PINLICIOUS.COM,” “COMPANY,” “WE,” OR “US“).
By accessing or using any website with an authorized link to this Agreement (“Website“), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively with the Website, the “Services“), clicking on a button or taking another action to signify your acceptance of this Agreement, you:
(1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;
(2) represent you are over the age of 13; and
(3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms“) which are incorporated by reference into this Agreement. Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their own separate Terms of Service (“Third-Party Terms”) that differ from ours. By using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third-Party Terms.
Pinlicious.com reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
1.Registration. When registering an account for the Services (“Account“), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data“) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors under the age of 13 and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Pinlicious.com immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Pinlicious.com service at any given time. Pinlicious.com reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Pinlicious.com.
2. User Content.
2.1 Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services, or otherwise provided to Pinlicious.com, whether online or offline and whether or not solicited by Pinlicious.com (“User Content“). Pinlicious.com has no obligation to pre-screen any content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, Pinlicious.com reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Pinlicious.com shall have the right to remove any content that violates this Agreement or is otherwise objectionable.
2.2 Ownership of Your Content. Pinlicious.com does not claim ownership of any User Content you make available on the Services (“Your Content“). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Pinlicious.com the license set forth in Section 2.3. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services.
2.3 License to Your Content. Subject to any applicable Account settings that you select, you grant Pinlicious.com, and anyone authorized by Pinlicious.com, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction. In connection with the exercise of these rights, you grant Pinlicious.com, and anyone authorized by Pinlicious.com, the right to identify you as the author of Your Content by name, email address or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.
2.4 Ratings and Reviews. Ratings and reviews posted by Users on our Services are User Content that is not endorsed by Pinlicious.com and does not represent the views of Pinlicious.com. Pinlicious.com does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree:
(i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service;
(ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation;
(iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and
(iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
2.5 Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to)
(a) take any action or
(b) make available any content on or through the Services that:
(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
(ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
(iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
(iv) involves commercial activities and/or sales without Pinlicious.com’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(v) impersonates any person or entity, including any employee or representative of Pinlicious.com.
3. Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to Pinlicious.com (“Feedback“) is at your own risk and that Pinlicious.com has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Pinlicious.com the right to use any Feedback in any way at any time without any additional approval or compensation.
4. Ownership of and License to Use Pinlicious.com.
4.1 Use of the Services. Except with respect to User Content, Pinlicious.com and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Pinlicious.com grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Pinlicious.com, its suppliers and service providers reserve all rights not granted in this Agreement.
4.2 Trademarks. Pinlicious.com’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Pinlicious.com and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
5. Order Process
5.1 Order Acceptance. Each part of any order that you submit to Pinlicious.com constitutes an offer to purchase. If you do not receive a message from Pinlicious.com confirming receipt of your order, please contact our Customer Service department before re-entering your order. Pinlicious.com’s confirmation of receipt of your order does not constitute Pinlicious.com’s acceptance of your order. Pinlicious.com is only deemed to have accepted your order once
(i) the product(s) you ordered (each, a “Product“) have been shipped (if the Product is a one-time order) or
(ii) the initial Product for a subscription has been delivered
(if the Product is subject to a subscription for the delivery of periodicals or other tangible goods) or
(iii) you are granted access to the paid content or resources of a Product consisting of a digital subscription or membership).
5.2 Order Issues. Although we strive to accept all valid orders, Pinlicious.com reserves the right to deny any order for any reason, including if:
(i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information,
(ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or
(iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
5.3 Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, Pinlicious.com reserves the right to
(i) cancel your order and provide you a refund for the amount paid for the Product (if the Product is a one-time order),
(ii) substitute the Product with a similar Product (if the Product is subject to a subscription) or
(iii) issue you a pro rata refund.
5.4 Restrictions on Resale. To protect the intellectual property rights of Pinlicious.com and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Pinlicious.com reserves the right to decline any order that we deem to possess characteristics of reselling.
5.5 Third Party Vendor Marketplace. Any orders made through links in the Vendor Marketplace are subject to Third Party terms.
6. Fees and Purchase Terms.
6.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide Pinlicious.com with valid payment information in connection with your orders. By providing Pinlicious.com with your payment information, you agree that
(i) Pinlicious.com is authorized to immediately invoice your Account for all fees and charges due and payable to Pinlicious.com hereunder,
(ii) Pinlicious.com is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and
(iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify Pinlicious.com of any change in your payment information. Pinlicious.com reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, Pinlicious.com reserves the right to either suspend or terminate your access to the unpaid-for services.
6.2 Automatic Renewal. If your order is subject to automatic renewal, you will be notified during the order process. The automatic renewal and cancellation terms provided during the order process are hereby incorporated into this Agreement.
6.3 Refunds. Except as set forth in Section 5.3 or in any separate refund policy posted on the Services, all fees are non-refundable.
6.4 Discounts, Promo Codes and Premium Offers. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes“). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Pinlicious.com communications channels are valid. You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us;
(iii) may be disabled by us at any time for any reason without liability to us;
(iv) may only be used pursuant to the specific terms that we establish for such Promo Code;
(v) are not redeemable for cash; and
(vi) may expire prior to your use.
From time to time, we may offer special promotions (such as free premiums with purchase), associated with some of our products or Services. All promotional offers, including premium offers, may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted. Unless otherwise stated in the offer, shipment of premium items may take 6-12 weeks and shipping fees may apply.
7. Restrictions on Use of Services. The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
(b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of Pinlicious.com;
(c) you shall not use any metatags or other “hidden text” using Pinlicious.com’s name or trademarks;
(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(f) you shall not access the Services to build a similar or competitive website, application or service;
(g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
(h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
(i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and
(j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Pinlicious.com pursuant to this Agreement.
8. Third-Party Links. The Services may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links“). When you click on such a link, we will not warn you that you have left the Services. Pinlicious.com does not control and is not responsible for Third-Party Links. Pinlicious.com provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
9. Indemnification. You agree to indemnify and hold Pinlicious.com, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “Pinlicious.com Parties“) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning:
(a) Your Content;
(b) your misuse of the Services;
(c) your violation of this Agreement;
(d) your violation of any rights of another party, including any Users; or
(e) your violation of any applicable laws, rules or regulations.
Pinlicious.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pinlicious.com in asserting any available defenses. This provision does not require you to indemnify any of the Pinlicious.com Parties for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.
10. Disclaimer of Warranties and Conditions. You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the services and any products offered through the services is at your sole risk, and the services and any products are provided on an “as is” and “as available” basis, with all faults. To the fullest extent permitted by applicable law, the Pinlicious.com Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement arising from use of the services and products, Pinlicious.com Parties make no warranty, representation or condition that:
(1) The services or any products will meet your requirements or
(2) Your use of the services will be interrupted, timely, secure or error-free.
If you rely on any data or information obtained through our products or services, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of such data or information.
Our products and services are provided with the understanding that Pinlicious.com and its users are not engaged in rendering legal, medical, counseling or other professional services or advice. Our products and services are no substitute for professional services or advice.
11. Limitation of Liability. You assume all responsibility and risk for use of this website, the products, the services and the materials, including without limitation any of the information contained therein.
In every event, Pinlicious.com’s total maximum aggregate liability under this User Agreement or the use or exploitation of any or all part of this website, the products, the services and the materials in any manner whatsoever shall be limited to the greater of:
(i) Fifty percent (50%) of the fees that you actually paid to Pinlicious.com in consideration of any products purchased by you or services provided to you under this User Agreement and
(ii) Five ($5.00) dollars (CAD).
The consideration being paid to Pinlicious.com under this User Agreement does not include any consideration for us to assume any risks beyond those expressly assumed herein.
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Termination. Pinlicious.com may, from time to time, but is in no way obligated to, permit you to access and use this website and the Services in accordance with this User Agreement and in the manner more particularly set out herein. You acknowledge and agree that access to this website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Pinlicious.com shall not, in any event, be responsible to you in any way should you be unable to access this website and the Service at any time or from time to time.
Pinlicious.com may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this website and the Services and/or terminate this User Agreement or any of the licenses granted hereunder. Upon termination of this User Agreement, you shall immediately cease and desist from all use of this website and the Services.
13. National and International Users. The Services are controlled and offered by Pinlicious.com from its facilities in Alberta, Canada. Pinlicious.com makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other provinces and countries do so at their own volition and are responsible for compliance with local law.
14. Suspension. Pinlicious.com reserves the right to suspend your Account and /or your access to the website and/or the Services immediately, with or without notice to you, and without liability to you, if Pinlicious.com, in its sole discretion believes that:
(i) You have violated or otherwise breached this User Agreement
(ii) Any information provided by you is untrue, inaccurate, not current or incomplete; or
(iii) You, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Pinlicious.com.
These suspensions will be for such periods of time as Pinlicious.com may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
15. Vendor Marketplace Sellers. Users that acquire status as a “Vendor” must agree to the Marketplace Seller Agreement.
Revised November 6, 2020