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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
For more information, contact us.
Thank you for helping us create one of the best communities in the world,
The Pingster Team