These Terms of Service for Supporters (the “Terms”) apply as the mutual understanding and agreement between Pindify S.à.r.l (“Pindify”) and the user who subscribes and gains access to the social media platform developed and owned by Pindify (the “Pindify Marketplace”) in order to further gain access to the Content therein (as defined below) (the “Supporter”).
Pindify shall have the right, in its sole discretion, to amend, adjust and modify the Terms from time to time which shall apply immediately without any notice.
If the Supporter is a company, corporation or a legal entity, the natural person accepting to these Terms specifically certifies that he/she has the authority to represent and bind such entity and that the entity shall be bound by and become a party to these Terms.
Pindify may from time to time release updates and new versions of the Pindify Marketplace or services related thereto, which shall be subject to these General Terms and any additional terms that may be specifically released for such features.
1.1 The Pindify Marketplace enables the Supporter to communicate and gain access to content within the arts and media world, including without limitation audio and music, images and pictures, video, text, messages and other material (“Content”) which has been provided and made available through the Pindify Marketplace by other users (the “Providers”).
1.2 The above right is conditional upon the Supporter’s strict compliance with these Terms, including, without limitation, the following;
(i) The Supporter or, as the case may be, the ultimate beneficiary of the Supporter must be of at least eighteen (18) years of age or be at least thirteen (13) years of age and have its parent or legal guardian’s permission. In case of the latter, such parent or legal guardian agrees to these Terms on behalf of its child.
(ii) All details and information submitted when creating an account to become a Supporter shall be complete and accurate. Any changes to such information shall be notified to Pindify without delay.
(iii) The Supporter shall not use the Pindify Marketplace to act in a way that may be seen as abusive, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Pindify’s discretion.
(iv) The Supporter shall not use the Pindify Marketplace to act in a way that may be deemed to violate, breach or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Pindify’s opinion.
(v) The Supporter shall not use the Pindify Marketplace to upload any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Pindify Marketplace or servers or networks forming part of, or connected to, the Pindify Marketplace, or which does or might restrict or inhibit any other user's use and enjoyment of the Pindify Marketplace.
(vi) The Supporter shall not use the Pindify Marketplace for any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
(vii) The Supporter shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
(viii) The Supporter shall not deliberately impersonate any person or entity or otherwise misrepresent its affiliation with a third party, for example, by registering an account in the name of a third party, communicating or otherwise using the name of another person.
(ix) The Supporter shall not sell or transfer, or offer to sell or transfer, its Pindify account to any third party without the prior written consent of Pindify.
(x) The Supporter shall not copy the Pindify Marketplace.
(xi) The Supporter shall only post, issue or provide advertisement in the Pindify Marketplace, which, directly or indirectly, contain advertising materials, provided that such advertisement does not violate, breach or is contrary to any law, rule, regulation, court order or otherwise illegal, unlawful or inappropriate in Pindify’s opinion. Without limiting the generality of the foregoing, advertisements should be clearly disclosed as being sponsored ads.
2.1 Pindify will take reasonable actions in accordance with market practice to ensure high standards concerning data security, the running and quality concerning the Pindify Marketplace. However, the Pindify Marketplace is provided “as is” without any warranties, expressed or implied, including, without limitation, implied warranties of merchantability, functions, security, quality, service level, availability, reliability and non-infringement.
2.2 The Supporter acknowledge that all Content provided on the Pindify Marketplace is provided by other third parties and Providers and that Pindify has no control over the Content. Pindify accepts no liability for any loss or liability arising as a result of the Content or the accuracy, completeness or usefulness of information available on or through the Pindify Marketplace.
2.3 To the fullest extent permitted by applicable law Pindify, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors shall not be liable to the Supporter or any third party for any direct damages, indirect damages or any other damages of any kind, including but not limited to lost data, lost capital, lost profits, lost income, lost revenue, business interruption, damages for goodwill, procurement of substitute services, arising out of or in connection with these Terms or the use or inability to use the Pindify Marketplace.
2.4 To the extent Pindify is liable to the Supporter for any damages, Pindify’s aggregate liability, whether for negligence, breach of contract or any other cause of action or omission shall be limited to the aggregate fees relating to the Supporter’s use of the Pindify Marketplace that the Supporter has paid to Pindify during the twelve (12) months preceding the event causing the damage.
2.5 The Supporter is solely responsible for its interaction with other users or third parties through the Pindify Marketplace. Pindify is not responsible of any disputes between the Supporter and other users or third parties and shall not be involved in such disputes.
3.1 Pindify may use the Supporter’s personal data for administration, reimbursement, and internal evaluation purposes and Pindify shall process the personal data to the extent necessary to fulfill Pindify’s duties and for the purpose of Pindify’s legitimate interest. Pindify may share the personal data with Pindify’s service providers. Such sharing may include transfer to third countries, i.e. countries outside the EU/EES area. When transferring the personal data to third countries, Pindify shall ensure that the transfer is subject to appropriate safeguards and that the Supporter’s rights are protected pursuant to mandatory laws. When processing of the personal data is no longer necessary in relation to the purpose for which it was collected Pindify shall erase the personal data. The Supporter has the right to access the personal data that Pindify processes and to request that Pindify rectifies any inaccurate personal data and under certain circumstances request erasure and/or restriction of processing of the personal data. The Supporter has the right to object to processing and to receive the processed personal data in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller. The Supporter also have the right to lodge a complaint to the supervisory authority regarding how Pindify processes such personal data.
4.1 In case of acts in breach of these Terms, including any other rules issued by Pindify from time to time, Pindify reserves the right to, in its sole discretion, remove or adjust any communication, information or otherwise, which Pindify, in its sole discretion, considers does not comply with these Terms, and to disable, partially disable, modify, or delete any or all of the Supporter’s accounts, block its IP address or electronic device from accessing the Pindify Marketplace or in any other lawful way partially or fully restrict the Supporter’s access to the Pindify Marketplace. This shall not limit Pindify’s right to take any other action against the Supporter that Pindify consider appropriate to defend its rights or those of any other person.
4.2 The Supporter undertakes to indemnify and hold Pindify harmless, including Pindify’s successors, assigns, affiliates, agents, directors, officers, employees and shareholders, from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any breach by the Supporter of what is set forth herein.
5.1 Pindify offers a range of membership alternatives which are all described on the Pindify website. As further provided for therein the Supporter fully understands that not all of the membership alternatives entitle the Supporter full access to the Content, services and applications in the Pindify Marketplace.
5.2 Pindify charges fees for subscription to and usage of the Pindify Marketplace, which are specified on the Pindify website (the “Fee”). The Supporter hereby agrees to pay the Fee, as applicable from time to time, to Pindify as set forth on the Pindify website. The terms and conditions regarding the Fee may be amendment by Pindify from time to time in its sole discretion.
5.3 The Fee will be charged through the payment method and in the currency specified in the Supporter’s account or on the Pindify website. All Fees are non-refundable.
6.1 All intellectual property rights in and to the Pindify Marketplace including but not limited to copyrights to the interface and design, database rights, patents, trademarks and trade names (whether registered or not), in and related to the Pindify Marketplace as such is the property of the Providers or Pindify and its business partners. Through the Pindify Marketplace, the Providers have, as applicable, granted the Supporter a personal, non-transferable, non-sublicensable, royalty-free, non-exclusive, worldwide and revocable license to access the Content and to consume, use, share, download, purchase, record, livestream and display the Content in accordance with these Terms. The license shall remain in force until revoked either by Pindify or the Supporter.
6.2 All brand, product and service names used in the Pindify Marketplace which identify Pindify or third parties, including the Providers, and their products and services are proprietary marks of Pindify and/or the relevant third parties. Nothing in the Pindify Marketplace or these Terms shall be deemed to confer on any person any license or right on the part of Pindify or any third party with respect to any such image, logo or name.
7.1 The Pindify Marketplace may be integrated with third party applications, websites, and services (“Third Party Applications”). These Third Party Applications may have their own terms and conditions of use and privacy policies and the Supporter’s use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies as applicable from time to time. The Supporter understand and agree that Pindify does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction the Supporter may enter into with the provider of any such Third Party Applications.
8.1 The nature and function of the Pindify Marketplace may enable the Supporter to enter into agreements with other third parties and Providers to purchase, rent, license, acquire or otherwise individual products and/or services from such third party or Provider and that are not part of the Content as provided through the Pindify Marketplace. Each such purchase is a transaction between the Supporter and the third party or Provider, as applicable (“Transaction”).
8.2 The Transaction constitutes a separate agreement between the Supporter and the third party or Provider, and Pindify is not and shall not be deemed to be a party to any such agreement. All inquiries regarding Transactions shall be directed to the relevant counterparty and Pindify shall not be responsible for refunds for Transactions.
8.3 Because Pindify is not the buyer or seller in any Transaction, if a dispute arises between the participants in a Transaction, the Supporter releases Pindify (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8.4 If the Supporter is a California resident, the Supporter specifically waives the California civil code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” The Supporter, being aware of said code section, hereby expressly waive any rights the Supporter may have thereunder, as well as under any other statutes or common law principles of similar effect. The Supporter acknowledge and agree that this waiver is an essential and material term of these Terms, and that without such waiver, these Terms would not have been entered into by Pindify.
10.1 These Terms represent the entire understanding between Pindify and the Supporter with respect to its subject matter and supersedes any previous communication or agreements that may exist, whether written or oral.
10.2 The invalidity or unenforceability of any term of these Terms shall not adversely affect the validity or enforceability of the remaining terms. The Terms shall be given effect as if the invalid or unenforceable term had been replaced by a term with a similar economic effect.
11.1 These Terms shall be construed in accordance with and be governed by the laws of Luxembourg, without reference to the conflict of law provisions.
11.2 Any claim arising between the Parties in respect of the Agreement shall be settled according to the laws of the Grand Duchy of Luxembourg and subject to the jurisdiction of the District Court of Luxembourg.