Terms of Use

By using or visiting the Pingster website, service, data feeds, or its mobile app provided to you on, from, or through Pingster’s website (together, the "Service") you signify your agreement to (1) these terms of use ("Terms of Use"), (2) Pingster’s privacy policies, (3) and our community guidelines. If you do not agree to any of these Terms of Use, please do not use our Service.

There may be times when we need to modify a feature or condition, therefore you should review the Terms and Conditions periodically.

ARBITRATION NOTICE: WITH THE EXCEPTION OF AN OPT-OUT OR CERTAIN DISPUTES DESCRIBED IN THE ARBITRATION SECTION, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND PINGSTER WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION. BY USE OF PINGSTER YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR ANY ARBITRATION THAT IS CONSIDERD CLASS-WIDE.

Basic Terms

  1. You must be 13 years or older to use the Service.
  2. You are responsible for the secrecy and security of your password and you will respect the same from other users by not soliciting or collecting their login credentials or information.
  3. You may not post photos that are unlawful, contain nudity, including partial, pornographic or sexually suggestive via the Service.
  4. You alone are responsible for activity on your account and you will not transfer or assign your account or any account rights to another with the sole exception being business use whereupon a person or business was expressly authorized by you to create an account(s) on your behalf.
  5. You must not libel, slander, defame, abuse, stalk, bully, harass, impersonate or threaten other people or entities through the Service, nor post confidential or private information of any kind.
  6. You may not use the Service for any unauthorized or illegal purpose and must comply with federal, state, and local laws that may be applicable to use of the Service.
  7. Your Content (see below) must respect and adhere to copyright laws.
  8. You alone are responsible for your conduct when using the Service and any Content that you post and/or display using the Service.
  9. You must not modify, adapt or change the Service nor modify another website in a way as to falsely imply it is associated with Pingster.
  10. You must not disrupt the Service or those servers and networks connected to the service by transmitting viruses, worms, malware, spyware or any other destructive code.
  11. You must comply with Pingster's Community Guidelines
  12. Violation of these Terms of Use may result in termination of your Pingster account. You understand and agree that Pingster is not and will not be responsible for any Content that you or other users post on the Service and that you use the Service at your own risk.

Community Guildlines

Quick Overview

We want Pingster to be the type of app you use to express yourself and share those things with others that truly inspire you. In order to do this, we need your help. We’re not big on censorship and prefer to foster true freedom of expression, so we ask that you help us to keep Pingster the open community it was intended to be by being responsible users. Post your own photos and videos, share those of others and give them credit, and always follow the law. Don’t spam people or post nudity and always respect your fellow Pingster users.

Long Overview

Pingster was intended to be an app that people all over the world can use to demonstrate beauty, express feelings and emotions, share events, and spread joy. It is an app that represents individual expression across a span of cultures, religions, languages, ages, and nationalities. It is a community- building app and therefore we must establish community guidelines that will create an open and respectful environment for all people.

We created the Community Guidelines to foster a spirit of respet so that we may grow our community across the globe. By using Pingster, you agree not only to these guidelines but also our Terms of Use. Misuse of this app or showing disregard for these guidelines may result in the removal of your content, temporary halt on use of Pingster, or even a deletion of your account.

  • Share only your own photos or those that you have permission or legal right to share.

    You own the content that you post on Pingster. It is important that you remember to post content you created, not copied without right to repost. Be respectful of other’s rights and creativity when it comes to photo sharing.

  • Be sensitive to the expectations and sensitivities of others.

    Again, we’re not big on censorship but there are things we cannot allow on Pingster. Pingster is not a place to post nude pictures of a sexual nature or violent nature. It is not an app to be used to promote violence or hate. There are other apps for that. Use your judgment when it comes to taking and posting photos. We all know the difference between taking a photo of a six hundred year old nude marble sculpture in a museum and trying to provoke with a nude photo in an app that can be seen by people all over the world. At Pingster we also believe the human body in all its forms is beautiful, but that is not the purpose for this app.

    Nude photos of children are not allowed.

  • Be genuine and stay meaningful.

    There will be ways to use the app for your business in the future. Wait for the message on advertising opportunities and in the meantime don’t abuse other members of the Pingster community by sharing, liking, or contacting them for business purposes. LinkedIn exists for B2B connections. Pingster is for photo-sharing.

  • Obey the law.

    Pingster will not be used to share sexual content of minors and any attempts will be immediately reported to the authorities. You will not engage in or show support for terrorism using Pingster and we reserve the right to send questionable images to the proper authorities. Pingster will not be used to sell regulated goods or illegal services.

  • Respect other Pingsters.

    This app was created by people who believe in free speech and open platforms. If you do not like this style, there are other apps out there for you that will enforce your beliefs. That said, this is an app for everyone. There will be no threats made to other Pingsters, personal belittlement is unacceptable, blackmail will have your post sent to authorities and any photos that degrade children, religious beliefs, or target an individual will be removed. Beyond that it is up to you. You have the responsibility to post photos with and in the spirit of this app’s intentions and to ignore, scroll past, or remove content that you dislike.

  • Be respectful when posting images of newsworthy events.

    We understand that our app may be used to capture images of significance and at times that may include graphic images. It may be necessary to remove some of a more graphic and disturbing nature. We will do our best to balance sensitivity with honesty.

How to Help:

  • We believe that each of you is an intelligent human of reason and rational thinking. You are responsible for Pingster. Your actions and content should be reflective of the type of app and world you wish to live in. If there is content of a violent or abusive nature you are free to report it and we will respond to you as quickly as possible. Should the imagery or caption violate the spirit of our app we reserve the right to remove it.
  • Pingster has block features. If you see content that is offensive, you can choose to remove it from your feed and block the user.
  • Do unto others as you would have them do unto you. If everyone did this the app and world would be a better place.

General Conditions

  1. We reserve the right to modify or terminate the Service and access to the Service without notice, for any reason, at any time, and without liability to you. You may deactivate your Pingster account by logging into the Service and completing the form and procedures by contacting Pingster at; info@Pingster.info
  2. Upon termination, all rights and licenses granted to you within these Terms of Use cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use with reasonable advance notice, unless such changes are made for legal or administrative reasons. You agree that the notification of the Updated Terms will be made using the Service, and that your further use of the Service after the Updated Terms effective date constitutes your agreement.
  4. We reserve the right to refuse access to Pingster (the Service) for any reason and at any time.
  5. We reserve the right to force the forfeiture of any username or profile for any reason.
  6. We maintain the right to edit, delete, block, or monitor accounts or Content.
  7. You are solely responsible for your interaction and engagement with other users of the Service.

Rights

  • Pingster does not claim ownership of any Content posted on or through the Service. You alone choose who may view your activities and Content and activities.
  • The Pingster name and logo are trademarks of Pingster, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pingster without prior written permission from Pingster.
  • You agree that Pingster does not endorse, nor is responsible for Content posted through the Service. The Service is not obligated to prescreen, edit, or remove any Content. Content that violates Terms of Use. You bear all legal responsibility for Content posted on your account.

Disclaimer of Warranties

THE SERVICES PROVIDED ARE “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PINGSTER DOES NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE TIMELY, ERROR-FREE, OR SECURE; (B) THE SERVICE WILL ALWAYS BE AVAILABLE OR FUNCTION WITHOUT DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT CONTENT OR INFORMATION YOU OBTAIN THROUGH THE SERVICE WILL BE TIMELY OR ACCURATE.

PINGSTER TAKES NO RESPONSIBILITY OR ASSUMES LIABILITY FOR ANY CONTENT THAT USERS OR A THIRD PARTIES CREATE, UPLOADS/POSTS, SENDS, RECEIVES, OR HOSTS ON OR THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT THERE IS RISK OF EXPOSURE TO CONTENT THAT MIGHT BE OFFENSIVE, MISLEADING, INAPPROPRIATE OR ILLEGAL, AND THAT PINGSTER WILL NOT BE RESPONSIBLE FOR THIS EXPOSURE.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL PINGSTER AND ITS PARTIES BE LIABLE TO YOU OR ANY OTHER USER FOR A LOSS OR DAMAGES OF ANY KIND THAT ARE RELATED EITHER DIRECTLY OR INDIRECTLY TO: (A) THE SERVICE; (B) PINGSTER CONTENT; (C) USER CONTENT; (D) USE OR INABILITY TO USE THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PINGSTER OR LAW ENFORCEMENT AUTHORITIES REGARDING A PARTY'S USE OF THE SERVICE (YOURS OR ANOTHER USERS); (F) ACTIONS TAKEN IN CONNECTION WITH INTELLECTUAL PROPERTY OWNERS OR COPYRIGHT (G) DAMAGE TO ANY USER'S MOBILE DEVICE, COMPUTER OR OTHER EQUIPMENT INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS, BUGS, SECURITY BREACH, TAMPERING, ERROR, FRAUD, DEFECT, INTERRUPTION, DELAY IN OPERATION, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION EVEN IF PINGSTER PARTIES SHOULD HAVE KNOWN OF OR WERE ADVICES OF THE POSSIBILITY OF DAMAGES REGARDLESS OF CAUSE. IN NO EVENT WILL PINGSTER PARTIES BE LIABLE TO YOU OR OTHERS FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SHOULD YOUR STATE NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AT NO TIME OR EVENT WILL PINGSTER PARTIES TOTAL LIABILITY EXCEED THE SUM OF ONE HUNDRED ($100.00) UNITED STATES DOLLARS.

PINGSTER IS NOT RESPONSIBLE FOR THE ACTIONS INFORMATION, CONTENT OR DATA OF THIRD PARTIES, AND YOU RELEASE US FROM ALL 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 any third party for whom you operate an account or activity on the Service) agree to defend (at Pingster's request), indemnify and hold Pingster’s Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's 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 Pingster in the defense of any claim. Pingster 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 Pingster.

Privacy

Pingster has the right to display all images that a user uploads. All media that a user uploads into the Pingster App is public. Privacy in the Pingster app refers to a user’s profile status. If you have your profile private, other Pingster users will not be able contact you via the social communications tools in the app. However, all you imagery in public and is shared to all Pingster users, if you are using the app.

Arbitration

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute- resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800- 778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance- based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Pingster can require the other to participate in an arbitration proceeding. To opt out, you must notify Pingster in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

ADDRESS FOR OPT OUT

You must include your name and residence address, the email address you use for your Pingster 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 Pingster.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Pingster 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 Massachusetts, 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 Pingster exclusively in a state or federal court located in Boston, Massachusetts, and to submit to the personal jurisdiction of the courts located in Boston 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 enforceability of any remaining provisions. Pingster's 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. Pingster 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 Pingster.

Entire Agreement

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 Pingster and governs your use of the Service, superseding any prior agreements between you and Pingster. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Pingster. Any purported assignment or delegation by you without the appropriate prior written consent of Pingster will be null and void. Pingster may assign these Terms of Use or any rights hereunder 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 Pingster 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 Pingster provides.

 

Software related to or made available by the Service may be subject to United States 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 United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's 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 January 19, 2013. 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.

For more information, contact us.

Thank you for helping us create one of the best communities in the world,

The Pingster Team