First of all, thank you for deciding to try out PinUpp, we wish you the very best in creating a profile to showcase your brand, your unique talents and skills. All the best. Now here goes with all the legal stuff, sorry about the length but it’s got it to be done.

********* These Term & Conditions (Terms of Use) are effective from January 2nd , 2017 ********

By accessing or using the PinUpp website, the PinUpp service, or any applications (including mobile applications) made available by PinUpp (together, the Service;), however accessed, you agree to be bound by these terms of use (Terms of Use). The Service is owned or controlled by PinUpp Pty Ltd (PinUpp). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PINUPP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. By using the pinupp.me website and pinupp service you are agreeing to be bound by the following terms and conditions (Terms of Use).

Basic Terms

  1. You are responsible for any activity that occurs under your registered name.
  2. You are responsible for keeping your password secure.
  3. You must not abuse, harass, threaten, impersonate or intimidate other users.
  4. You may not use the service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (Content) that you submit, post, and display on the PinUpp service.
  6. You must not modify, adapt or hack PinUpp or modify another website so as to falsely imply that it is associated with PinUpp.
  7. You may not post nude, partially nude, or sexually suggestive photos.
  8. You must not access PinUpp’s private API by any other means other than the PinUpp application itself.
  9. You must not crawl, scrape, or otherwise cache any content from PinUpp including but not limited to user profiles and photos.
  10. You must not create or submit unwanted email or comments (spam) to any PinUpp users.
  11. You must not use web URLs in your name without prior written consent from PinUpp Pty Ltd.
  12. You must not transmit any worms or viruses or any code of a destructive nature.
  13. You must not, in the use of PinUpp, violate any laws in your jurisdiction (including but not limited to copyright laws).
  14. Violation of any of these agreements will result in the termination of your PinUpp account. While PinUpp prohibits such conduct and content on its site, you understand and agree that PinUpp cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PinUpp service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the PinUpp service for .any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a material change; will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on PinUpp

  1. PinUpp does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively) that you post on or through the PinUpp services. By displaying or publishing (posting) any Content on or through the PinUpp Services, you hereby grant to PinUpp a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (private) will not be distributed outside the PinUpp Services.
  2. Some of the PinUpp Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PinUpp may place such advertising and promotions on the PinUpp Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the PinUpp Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the PinUpp Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the PinUpp Services.
  4. The PinUpp Services contain Content of PinUpp (PinUpp Content). PinUpp Content is protected by copyright, trademark, patent, trade secret and other laws, and PinUpp owns and retains all rights in the PinUpp Content and the PinUpp Services. PinUpp hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the PinUpp Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the PinUpp Services. In cases where the company and product names and logos used in PinUpps created by you are trademarks or registered trademarks and copyrighted materials of other respective owners in certain countries you agree that you are solely responsible for the use of such logos and that you agree to pay for all royalties, fees, and any other monies owing to the respective owners for the content you post on or through the PinUpp Services.
  5. The PinUpp Services contain Content of Users and other PinUpp licencors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PinUpp Services.
  6. PinUpp performs technical functions necessary to offer the PinUpp Services, including but not limited to trans-coding and/or reformatting Content to allow its use throughout the PinUpp Services. Although the Site and other PinUpp Services are normally available, there will be occasions when the Site or other PinUpp Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PinUpp. Also, although PinUpp will normally only delete Content that violates this Agreement, PinUpp reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PinUpp in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PinUpp encourages you to maintain your own backup of your Content. In other words, PinUpp is not a backup service. PinUpp will not be liable to you for any modification, suspension, or discontinuation of the PinUpp Services, or the loss of any Content.

Reporting Copyright and Other IP Violations

  1. We respect other people’s rights, and expect you to do the same.
  2. We provide you with tools to help you protect your intellectual property rights.
  3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, PINUPP CONTENT, IS PROVIDED ON AN AS AVAILABLE  AND WITH ALL FAULTS; BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PINUPP NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE PINUPP PARTIES) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PINUPP CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PINUPP OR VIA THE SERVICE. IN ADDITION, THE PINUPP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE PINUPP PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PINUPP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PINUPP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PINUPP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE PINUPP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE(WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE PINUPP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PINUPP CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PINUPP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTYS USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES OPERATION; OR (H) ANY DAMAGE TO ANY USER & S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PINUPP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE PINUPP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PINUPP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED AUSTRALIAN DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PINUPPS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PINUPP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PINUPP PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: 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. PINUPP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at request), indemnify and hold the PinUpp Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by PinUpp in the defense of any claim. PinUpp reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of PinUpp. Arbitration Except if you opt-out or for disputes relating to: (1) your or PinUpp intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above (Excluded Disputes), you agree that all disputes between you and PinUpp (whether or not such dispute involves a third party) with regard to your relationship with PinUpp, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Australian Arbitration Associations rules for arbitration of consumer-related disputes and you and PinUpp hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local small claims court, if permitted by that small claims court rules. You may bring claims only on your own behalf. Neither you nor PinUpp will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person account, if PinUpp is a party to the proceeding. In the event the Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either PinUpp or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You may opt out of this agreement to arbitrate. If you do so, neither you nor PinUpp can require the other to participate in an arbitration proceeding. To opt out, you must notify PinUpp in writing within 30 days of the date that you first became subject to this arbitration provision. You must email support@pinupp.me with subject “Opt Out of the agreement to arbitrate” and in the body of the email you must include your name and residence address, the email address you use for your PinUpp account, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with PinUpp. Time Limitation on Claims You agree that any claim you may have arising out of or related to your relationship with PinUpp must be filed within one year after such claim arose; otherwise, your claim is permanently barred. Governing Law & Venue These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with PinUpp exclusively in a state or federal court located in Melbourne, Australia, and to submit to the personal jurisdiction of the courts located in Melbourne, Australia for the purpose of litigating all such disputes. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforcability of any remaining provisions. PinUpp failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. PinUpp reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with PinUpp. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and PinUpp and governs your use of the Service, superseding any prior agreements between you and PinUpp. You will not assign the Terms of Use or assign any rights or delegate any obligations here under, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of PinUpp. Any purported assignment or delegation by you without the appropriate prior written consent of PinUpp will be null and void. PinUpp may assign these Terms of Use or any rights here under without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PinUpp to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that PinUpp provides. Software related to or made available by the Service may be subject to Australia export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the Australia has embargoed goods; or (b) to anyone on the AU Treasury Department list of Specially Designated Nationals or the AU Commerce Department Table of Deny Orders. By downloading any software related to the Service, you . represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The effective date of these Terms of Use is from January 2nd, 2017. These Terms of Use were written in English (US), to the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.