Terms and Conditions
Last updated May 23, 2022
Thanks for visiting our site! These Website Terms and Conditions (“Terms,” “Terms and Conditions” or “Agreement”) written on this webpage manage your use of our website, Pinspiration accessible at https://pinspiration.com.
These Terms are legally binding as to your use of this website, and to the fullest legal extent possible any of our social media pages (collectively referred to as the “Website”) so please read them carefully before using the Website. By using the Website, you agree to accept and be bound by all Terms. You must not use this Website if you disagree with any of the Terms.
Minors or people below 18 years old are not allowed to use this Website.
Pinspiration reserves the right to modify the Terms at any time so please be sure to read them each time you use the Website. If you have or will enter into separate agreement(s) with Pinspiration, then to the extent any terms are in conflict, the terms of your separate agreement(s) shall govern as those were drafted specifically for you in furtherance of doing business with Pinspiration. Otherwise, non-conflicting terms of this Agreement shall continue to apply.
Intellectual Property Rights
Pinspiration and/or its franchisees/licensees own all the intellectual property and other rights, including without limitation moral rights, to all the content and materials contained on this Website (“Materials”).
You are granted a personal, non-exclusive, non-transferable, revocable, limited license only for purposes of viewing and accessing the Materials on this Website. For some content, which will be specifically indicated, we may allow you to share a link only. For other content, you understand that you need prior written permission from Pinspiration to share anything digitally on your website or social media or with third parties; that includes without limitation all images, as those will be protected by copyright. In any event, if Pinspiration gives you permission, you agree to keep the appropriate copyright, trademark or patent notices attached. You acknowledge that the Website generally, and its contents, are primarily intended for marketing and for informational purposes. You agree not to reverse engineer anything on the Website.
You understand that the unauthorized use of Pinspiration’s or other third party’s intellectual property is legally actionable, and you may be responsible for damages and theft, plus you may be subject to an injunction, and further you may possibly be held criminally liable.
You are specifically restricted from all of the following:
- publishing any Materials in any other media;
- selling, sublicensing and/or otherwise commercializing any Materials;
- publicly performing and/or showing any Materials;
- using this Website in any way that is or may be damaging to this Website and/or Pinspiration;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from access by you, and Pinspiration may further restrict your access to any areas of this Website, at any time, in its absolute discretion.
In these Terms, “Your Content” shall mean any audio, video, text, images or other material you choose to upload, display or share with us via this Website or by e-mail. By uploading, sharing or displaying Your Content, you grant Pinspiration a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media without prior permission from, or compensation to, you.
Your Content must be your own and must not be infringing on any third-party’s rights. Pinspiration reserves the right to remove any of Your Content from this Website at any time without notice. You hereby indemnify Pinspiration from any liability related to Your Content.
Digital Millennium Copyright Act (“DMCA”)
Notice Requirements: If you believe that material found on a website operated by Pinspiration infringes a copyright, you may send a notice of infringement via e-mail or in writing using the contact information found at the bottom of this Agreement. You must include all of the following required information in order for us to evaluate your claim:
- A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon – signatures may be provided electronically by typing your name;
- A description in sufficient detail of the work allegedly infringed upon;
- Identification of the allegedly infringing material on the website including the specific location of the material;
- The name of the intellectual property owner, and contact information for the notifying party including name, address, telephone number and email address;
- A statement that the notifying party has a good faith belief that the material is not authorized by the intellectual property owner, its agent or the law; and
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifying party is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice.
Counter-Notice Requirements: If you have a good faith belief that material removed or disabled as a result of a notice of copyright infringement to Pinspiration was done so in error, you may send a counter notice to Pinspiration using the contact information found at the bottom of this Agreement. You must include all of the following required information:
- Your signature, which may be provided electronically by typing your name;
- Identification of the material that has been removed or to which access has been disabled;
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the federal court in Palm Beach County, Florida and that you will accept service of process from the person who provided the original notification or an agent of such person.
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter-notice.
Please note that any person who knowingly materially misrepresents information herein (whether in relation to a notice or counter-notice) may be subject to liability under the Copyright Act.
Pinspiration, in its sole discretion, may remove any content, including without limitation User Content, and may deactivate your website and close your account without prior notice to you. Notwithstanding, we may endeavor to try to communicate with you to resolve issues before doing so.
This Website is provided “as is,” with all faults and no warranties of any kind, either express or implied, including without limitation to implied warranties of merchantability and fitness for a particular purpose; and Pinspiration makes no express representations or warranties of any kind related to this Website or the Materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advice of any kind to you. You are using the Website and Materials at your own risk, and you agree to take full responsibility for your use of the Website and Materials. We cannot guarantee the uninterrupted use of the Website, or the proper functioning of our Website. Please note some of the above disclaimers and warranties may not apply to you based on your jurisdiction’s applicable law.
Limitation of Liability
In no event shall Pinspiration, nor any of its members, officers, directors, employees and franchisees/licensees be held liable for anything arising out of or in any way connected with your use of this Website or the Materials. Pinspiration, including its members, officers, directors, employees and franchisees/licensees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website or the Materials. Notwithstanding anything herein, Pinspiration’s maximum liability shall not exceed the amount paid to Pinspiration, if any, for any given product or service you have purchased.
You hereby indemnify to the fullest extent of the law, Pinspiration and its members, officers, directors, employees and franchisees/licensees from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your use of the Website and Materials or your breach of any of the provisions of these Terms.
Pinspiration is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Unless otherwise indicated herein, these Terms constitute the entire agreement between Pinspiration and you in relation to your use of the Website and Materials.
Governing Law & Jurisdiction
This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida without regard to conflict of law principles, and you submit to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida for the resolution of any disputes.
2234 N. Federal Highway, Suite 1083
Boca Raton, FL, 33431
Tel: (714) 425-9277
©2022 Pinspiration. All Rights Reserved.