Terms & Conditions
Please read this Agreement carefully before accessing or using Pointpin. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Pointpin or use any services. If these terms and conditions are considered an offer by Pointpin, acceptance is expressly limited to these terms. Pointpin is available only to individuals who are at least 13 years old.
Your Pointpin Account and Site
If you create a site on Pointpin, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify Pointpin of any unauthorized uses of your account or any other breaches of security. Pointpin will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a site, post links on Pointpin, or otherwise make (or allow any third party to make) material available by means of Pointpin (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; By submitting Content to Pointpin for inclusion in your account, you grant Pointpin a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site.
Without limiting any of those representations or warranties, Pointpin has the right (though not the obligation) to, in Pointpin’s sole discretion (i) refuse or remove any content that, in Pointpin’s reasonable opinion, violates any Pointpin policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Pointpin to any individual or entity for any reason, in Pointpin’s sole discretion. Pointpin will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment
Tracking a site on Pointpin requires a paid subscription. By selecting a paid subscription plan you agree to pay Pointpin the monthly or annual subscription fees indicated for that service (the payment terms for service are described below). Payments will be charged on the day you sign up for a subscription and will cover the use of that service for a monthly or annual period as indicated. Subscription fees are not refundable.
By signing up for a subscription plan you agree to pay Pointpin the monthly hosting fees indicated at http://pointp.in/ in exchange for the services listed therein. Applicable fees will be invoiced starting from the day your subscription is established and in advance of using such services. Pointpin reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Subscriptions can be canceled by you at anytime.
This Agreement does not transfer from Pointpin to you any Pointpin or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pointpin. Pointpin, the Pointpin logo, and all other trademarks, service marks, graphics and logos used in connection with Pointpin are trademarks or registered trademarks of Pointpin or Pointpin’s licensors. Other trademarks, service marks, graphics and logos used in connection with Pointpin may be the trademarks of other third parties. Your use of Pointpin grants you no right or license to reproduce or otherwise use any Pointpin or third-party trademarks.
Pointpin reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Pointpin following the posting of any changes to this Agreement constitutes acceptance of those changes. Pointpin may also, in the future, offer new services and/or features through Pointpin (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Pointpin may terminate your access to all or any part of Pointpin at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pointpin account (if you have one), you may simply discontinue using Pointpin. Notwithstanding the foregoing, if you have a paid subscription account, such account can only be terminated by Pointpin if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pointpin’s notice to you thereof; provided that, Pointpin can terminate Pointpin immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
Pointpin is provided “as is”. Pointpin and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pointpin nor its suppliers and licensors, makes any warranty that Pointpin will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Pointpin at your own discretion and risk.
Limitation of Liability
In no event will Pointpin, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pointpin under this agreement during the twelve (12) month period prior to the cause of action. Pointpin shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Pointpin, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Pointpin, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Pointpin and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pointpin, or by the posting by Pointpin of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Pointpin will be governed by the laws of the state of Indiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Indianapolis, Indiana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in South Bend, Indiana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pointpin may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.