Terms

TERMS OF SERVICE

Welcome to Pinaplace.com, an advanced city directory website, operated by Aidifaris Wan. By using the Pinaplace.com website, you accept and agree to be bound by the following terms and conditions (the “Terms of Service”). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.

CHANGES TO PINAPLACE.COM TERMS OF SERVICE

We reserve the right to modify or terminate the Pinaplace.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

ELIGIBILITY AND REGISTRATION

You must be 13 years or older to advertise in the pinaplace.com. By registering for the pinaplace.com service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. In addition, you must provide true, accurate and complete registration information to be a pinaplace.com member.

As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

APPROPRIATE CONDUCT

The pinaplace.com service is made available for your businesses, organizations or other legal entities. You may not use the pinaplace.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any data, text, information, photos, graphics, links, videos and other content (“Materials”) that you submit, post, and display on the pinaplace.com service.

Other examples of illegal or unauthorized uses include, but are not limited to:

• modifying, adapting, translating, or reverse engineering any portion of the pinaplace.com service;
• removing any copyright, trademark or other proprietary rights notices contained in or on the pinaplace.com service;
• using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the pinaplace.com service;
• collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
• reformatting or framing any portion of the web pages that are part of the pinaplace.com service;
• creating user accounts by automated means or under false or fraudulent pretences;
• creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service;
• submitting Materials of any third party without such third party’s prior written consent;
• directing any user (for example, by linking) to any Materials of any third party without such third party’s prior written consent;
• submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by pinaplace.com;
• submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
• transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• submitting Materials that are unlawful or promote or encourage illegal activity; or
• submitting false or misleading information
• providing or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, pyramid schemes, chain letters, spam, or any other form of unauthorized advertising which may violate an applicable local, national or international law.
• While pinaplace.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the pinaplace.com service at your own risk.

POSTING CONTENT TO THE SITE

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, illegal, pornographic, fraudulent, threatening, harmful, abusive, harassing, stalking, vulgar, offensive, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.

For Content you submit for posting to the Site, you agree not to:

1. Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, pornographic, defamatory, vulgar, obscene, related to gambling, libellous, invasive of another’s privacy, hateful, or radically, ethnically or otherwise objectionable, including but not limited to;
(a) Content that depicts or alludes to or promotes offensive or illegal behaviour;
(b) Content that exploits people in a sexual or violent manner;
(c) Content that harasses or advocates harassment of others;
(d) Content that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) Content that contains nudity, violence, or contains a link to an adult website;
(f) Content that provides any personal banking or financial information;
(g) Content that promotes information that the user knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy or creating computer viruses; or
(i) Content that includes a photograph or image of another person or another person’s property that has been submitted without that person’s  consent (or where that person is under the age of majority under an Applicable Law, the consent of their parent or legal guardian);
(j) Impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity;

2. By posting Content to the Site you warrant that:
(a) you have the rightful power and authority to provide the Content in the form and manner and name in which it is submitted;
(b) the Content does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;
(c) the Content does not contain material that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libelous, offensive or objectionable;
(d) if the Content in any way includes third parties or the property of third parties, that you have obtained the required consents and releases from those third parties (or their parents or legal guardians, as applicable) to include them in your Content;
(e) your Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

(f) You agree to your Content being available on the Site for public viewing and comment and that your Content may be used by Pin A Place for certain period of time without remuneration or compensation for any purpose in our sole discretion.

PINAPLACE.COM’S PROPRIETARY RIGHTS

Pinaplace.com does not claim any ownership rights in any Materials that you submit, post, or display on or through the Pin A Place Services or on the pinaplace.com Website. After submitting, posting or displaying Materials on or through our Services or on the pinaplace.com Website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through our Service, you hereby grant to Pin A Place a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Pin A Place Service. Except as expressly authorized by pinaplace.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of pinaplace.com’s proprietary information. Pinaplace.com logo and “pinaplace.com” are trademarks of Pin A Place.

Our collection and use of personal information is governed by our Privacy Policy. Click here to review the pinaplace.com Privacy Policy. You understand and agree that pinaplace.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of pinaplace.com, its affiliates or the public.
DISCLAIMER OF WARRANTIES
Pinaplace.com and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the pinaplace.com service. Pinaplace.com disclaims any and all responsibility and liability for the conduct of any Member.

THE PINAPLACE.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PINAPLACE.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. PINAPLACE.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE PINAPLACE.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.

HOLD HARMLESS AND INDEMNITY
You agree to hold harmless and indemnify pinaplace.com from and against any third party claim arising from or in any way related to your use of the pinaplace.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL PINAPLACE.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PINAPLACE.COM SERVICE, WHETHER OR NOT PINAPLACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PINAPLACE.COM SERVICE, FROM INABILITY TO USE THE PINAPLACE.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PINAPLACE.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

TERM AND TERMINATION
These Terms of Service will apply to your use of the pinaplace.com service. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the pinaplace.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

NOTICES
Pinaplace.com may provide you with notices regarding the pinaplace.com service or these Terms of Service by email or postings to this website.

MISCELLANEOUS
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall pinaplace.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and pinaplace.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Pinaplace.com respects the intellectual property rights of others. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Last revised: December 2010.