Terms here are a contract between you and SamePinch (referred to as "SamePinch", "us", "we") which is applicable when you use our web sites (including www.samepinch.co), services, mobile applications, products, and content provided by SamePinch, globally, in existence now or in the future, forever and ever ("SamePinch Services" or "Service"). By accessing or using the SamePinch Services (whether or not you create a account), you agree to be bound to the Terms. That means that if you don't agree to these Terms, please don’t use the SamePinch Services. Additionally, you must abide by our Rules, which are found here: http://www.samepinch.co/rules/, and are incorporated into the Terms. Please read the Rules, which include important rules and guidelines governing the behavior we expect of SamePinch users, as well as the actions we may take if you do not follow the Rules. SamePinch may update these Terms from time to time. We will let you know if we make significant changes by sending a notice to the email address connected with your SamePinch account, or by placing a notice in a prominent place on our web site. If we make a significant change, the notice we provide will indicate when the change will be effective. If you continue to use the SamePinch Services after the stated effective date, you will be deemed to have accepted the change. You must create an account to post content on the SamePinch Services and to access other features offered only to account holders. We require an email address, password and a username, which may or may not be your real name. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. SamePinch cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You must provide an email address that is actually yours. When you sign up to become an SamePinch Services member, you will also be asked to choose a username and a password. Usernames are allocated on a first come, first serve basis. SamePinch reserves the right, in its sole discretion, to (a) refuse to issue a particular username, or (b) remove or reclaim any username. You can choose whether your profile is publicly visible, including outside of the SamePinch Services, on per post, per comment basis. We don't claim ownership over any Content that you post on the SamePinch Services. "Content" means any content or creative expression that you'’'re able to upload or post on the SamePinch Services, including text, images, files, animations, logos, comments, or otherwise. However, when you post or transfer Content to the SamePinch Services, you give us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), distribute and publicly display your Content in order to provide the SamePinch Services. You are responsible for the Content you submit to the SamePinch Services. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that (i) you either own the Content you post, or that you have all necessary rights to post that Content on the SamePinch Services, (ii) your Content does not infringe any third party’s rights, and (iii) you can grant the licenses you grant in these Terms. When you post on the SamePinch Services, you are agreeing to allow other SamePinch Services members and members of the public (unless you set your Settings to prevent public display) to view, distribute and display your Content. Consider the Content you post on the SamePinch Services to be publicly available indefinitely since it may be distributed by other SamePinch Services members through social media or otherwise, or be cached on third party search engines, even after your SamePinch Services account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available. We reserve the right (though we have no obligation) to refuse or remove any Content you post or transfer to the SamePinch Services for any reason. You understand that when using the SamePinch Services, you may be exposed to content from a variety of sources, and that SamePinch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content. You may be exposed to content that are inaccurate, offensive, indecent, sexually explicit and other adult oriented content, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against SamePinch with respect thereto. If you do not wish to see sexually explicit content, please go to your Settings and choose the NSFW option indicating you do not want to see sexually explicit material. While we cannot guarantee that you won’t see sexually explicit material if you choose not to, we will try to prevent it from happening. Unless requested by law enforcement or the government, SamePinch will never sell, distribute or share your Content outside of the SamePinch Services without your permission. However, as mentioned above, other SamePinch Services users may distribute and share your Content outside of the SamePinch Services. At any time, you may delete your Content from the SamePinch Services, or delete your account in your account “Settings.” Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use the SamePinch Services. When you delete Content or your account is terminated, we will use reasonable efforts to remove all of your Content from the SamePinch Services. However, there may be a delay between your request and when the Content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of Content on our servers, and some of your Content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or Content, it may be permanently unrecoverable. We may modify our Services at any time, since the SamePinch Services are a constantly changing and evolving service. We may delete or modify any part or all of this Service at any time, without notice. We may add features and functionality from time to time, and we reserve the right to limit use of certain features or functions. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
If you haven't uploaded a profile picture or header image within 60 days of creating your account, we may remove your account and allow another user to select your username. We may send you a warning e-mail before doing so. Also, if you haven't logged into your account for 365 days, we may delete your account to make room for new users. Again, we will send you a warning e-mail to let you know that your account is about to be removed, giving you a chance to log in and keep your account. If you use a robot to post on the SamePinch Services, or to sign up for multiple accounts, or to follow lots of other users, we may delete your account. If you follow too many other users we may delete your account if we feel you are not acting like a human being.LinksThe Services may contain links to third-party websites or resources. You acknowledge and agree that the SamePinch Entities are 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 imply any endorsement by the SamePinch Entities 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.
Property We Own and Restrictions SamePinch owns all rights to our logo, the SamePinch Services, and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of the Service, including the SamePinch Apps, Tag lines, HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from SamePinch.
We do our best to protect our service from security vulnerabilities, and to make the SamePinch Services better. The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service, (c) you shall not access the Service in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means. No Warranty. THE SERVICE AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SamePinch, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions. You understand that SamePinch is not responsible or liable for, and you hereby release SamePinch, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with other SamePinch Services members, whether those interactions are through the SamePinch Services or in the real, physical world, (b) your own acts and omissions, and (c) your Content. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAMEPINCH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMEPINCH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAMEPINCH'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO SAMEPINCH DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. Entire Terms. These terms and the rest of our legal terms constitute the entire agreement between you and us regarding the use of the service. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SamePinch’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. SamePinch may assign the Terms at any time without restriction. The terms and conditions set forth in these terms shall be binding upon assignees. These terms shall be governed by the laws of the state of Vermont without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that SamePinch has not adhered to these terms, please contact SamePinch by e-mail at [email protected] We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and SamePinch agree that any arbitration will be limited to the dispute between SamePinch and you individually. You acknowledge and agree that you and SamePinch are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.