Terms of Use

Last Modified: June 24, 2021

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. THE TERMS “PINSEEKER” “WE,” “US,” AND “OUR” REFER TO PINSEEKER, INC. D/B/A “PINSEEKER” AND ITS AFFILIATES. WE USE THE TERMS “YOU,” AND “YOUR” TO MEAN ANY PERSON USING ANY OF OUR APPLICATIONS, SITES OR SERVICES (COLLECTIVELY, THE “SERVICES”). YOUR INITIAL AND CONTINUED USE OF OUR SERVICES CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU’VE READ, UNDERSTOOD, AND AGREED TO THE FOLLOWING TERMS OF USE.

Eligibility

In order to utilize the Services, you must become a registered user. Please follow the steps specified in the Services to register.  By agreeing to these Terms of Use, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. Minors under 13 years of age are not permitted to use our Services. If you are not eligible to use the Services or do not agree to these Terms of Use, please do not use the Services.

Our Services may include access to certain challenges, competitions and tournaments (“Competitions”). By agreeing to these Terms of Use, you agree that you will only participate in a Competition offered through our Services in accordance with, and to the extent you are eligible to participate in such Competition under, the rules included in such Competition (“Competition Rules”). (These Terms of Use, the terms of any policy incorporated herein and any applicable Competition Rules are collectively referred to as the “Terms.”) The Competition Rules applicable to some Competitions may limit participation on the basis of your age or your location.

If you are permitted to enter any Competition and PinSeeker determines in its sole discretion that you are ineligible to participate in such Competition under these Terms or the Competition Rules or applicable laws or regulations, PinSeeker may terminate your participation in such Competition and refund to you the entry fee, if any, paid by you with respect to such Competition. Such refund shall be in full and complete satisfaction of any claim related to such termination of your participation.

We reserve the right to limit the number of Competitions, whether in general or of any particular type or in any particular jurisdiction, that you may enter in any given time period. Attempts to circumvent any such limitation, including but not limited to the use of multiple accounts by a single individual, the use of the Services on multiple devices or the use of multiple instances of the Services on a single device, are prohibited. Such limitations shall be subject to change without notice.

Payment of Fees; Usage Costs

You agree to pay all fees and applicable taxes incurred by you or anyone using a PinSeeker account registered to you. We may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT PINSEEKER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

By providing a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you purchase. You must tell us within 90 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 90 days from the first appearance of the error we (i) will not be liable for any losses resulting from the error and (ii) will not be required to correct the error or provide a refund. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.

Use of the Services may be made available through a web browser or an application running on a mobile device (including SMS). You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device or computer, including data usage fees and other telecommunications fees.

Alerts and Notices

The Services may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Services. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time. Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices (“Pushes”) on your mobile device through the channels you sign up for. Since Alerts may include sensitive data, please be aware of the methods you choose for receiving Alerts.  Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts.

Prohibited Conduct

By using the Service, you agree not to:

  • Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
  • Disable or circumvent features that prevent or limit use or copying of any content, or reverse engineer or otherwise attempt to discover the source code of the Services or any part thereof;
  • Perform any fraudulent activity including impersonating any person or entity, accessing the accounts of others without permission or falsifying your age or date of birth;
  • Sell, distribute, share or otherwise transfer the access granted herein, any content made available through the Services or any Materials (as defined in Section 9 below), any right or ability to view, access, or use any such content or Materials or any credits, prizes or winnings associated with your account;
  • Use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
  • Engage in any activity that interrupts or attempts to interrupt the operation of the Services;
  • Participate in or display any behavior that may reasonably be interpreted as any attempt to circumvent the Competition Rules of, or to participate unfairly or fraudulently in, any Competition; or
  • Attempt to do any of the foregoing in this section or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.

Third-Party Services and Offers; Linked Websites

We may provide tools through the Services that enable you to export your information to third party services, including through features that allow you to link your account with us with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their privacy practices or use of your exported information. The Services may also contain links to third-party websites and applications. Such linked websites and applications are not under our control, and we are not responsible for their content or actions.

Termination of Use; Discontinuation and Modification of the Service

PinSeeker reserves the right to remove or to suspend any participant from any Competition for any reason if such player is deemed to be in violation of these Terms or the Competition Rules for the Competition. In the event that your access to or use of the Services or your participation in a Competition is terminated, suspended or diminished, you agree that your sole remedy shall be the refund of the fee, if any, which you paid with respect to such access or participation, if you are eligible for a refund.

Any Competition offered by PinSeeker on or related to the Services and the Competition Rules related thereto, are subject to change without further notice, although entry parameters and prize payouts will not be changed once an individual contest begins unless it is determined that the parameters or prize structure have been affected by human error, deliberate tampering, or mechanical failure. In addition, and notwithstanding anything to the contrary herein, PinSeeker at its sole discretion and for any reason whatsoever, reserves the right to cancel any and all contests that may have been offered or otherwise initiated, whether completed or otherwise. In this event, PinSeeker will refund each entrant’s entry fee.

Additional Terms

Your use of the Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to on the Services, such as our Privacy Policy, Competition Rules or other rules applicable to particular features or content on the Services or additional services.

Changes to the Terms and Competition Rules

PinSeeker reserves the right, at our discretion, to change these Terms or any Competition Rules at any time. Please check these Terms and any applicable Competition Rules periodically, and prior to each entry in a Competition, for changes. In the event that a change to these Terms or any Competition Rules materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms or Competition Rules materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms or Competition Rules, changes are effective only after your acceptance. If you do not accept the changed Terms or Competition Rules, we may terminate your access to and use of the Services or any Competition. All other changes are effective upon publication of the changed Terms or Competition Rules. Disputes arising under these Terms or any Competition Rules will be resolved in accordance with the Terms in effect at the time the dispute arose.

Please be advised that changes to the Terms or Competition Rules may affect Competitions which are ongoing at the time such changes are announced or go into effect. PinSeeker may, in its sole discretion, either allow such a Competition to proceed under the modified Terms or Competition Rules or cancel such a Competition and refund the fees, if any, paid by the participants in such Competition.

Ownership; Proprietary Rights

The Services are owned and operated by PinSeeker or one of our third-party vendors and licensors. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (the “Materials”) provided by us are protected by all relevant intellectual property, proprietary rights, and applicable laws. All Materials or other content contained in the Services are the property of us or one of our third-party vendors or licensors. Except as expressly authorized by us you may not make use of such content or the Materials. All rights to such content and the Materials not granted expressly in these Terms are reserved. If you provide us with content protected by intellectual property rights (like comments, photos or videos) through or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You also give us permission to use your name, images and content in connection with ads, offers, and other sponsored content and to include your name, images and content in other products and services we may offer to third parties, in some cases subject to the payment of fees to us by such third parties, without any compensation to you.

Indemnity

You agree that you will be responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless PinSeeker, its third party vendors and licensors and their respective officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

DISCLAIMER; NO WARRANTIES

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES WHICH MAY BE ADVERTISED OR MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF THE PROVIDERS THEREOF.

YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR ANY OF OUR THIRD PARTY VENDORS AND LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE OR ANY OF OUR THIRD PARTY VENDORS AND LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT OUR AGGREGATE LIABILITY (TOGETHER WITH THAT OF OUR THIRD PARTY VENDORS AND LICENSORS) TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $500.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS CONTAINED IN THE TERMS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Governing Law

These Terms shall be governed by the laws of the State of Kentucky without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and PinSeeker agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Jefferson County, Kentucky for the purpose of litigating all such disputes.

General

These Terms, including the Privacy Policy, any applicable Competition Rules and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

Dispute Resolution and Arbitration

In the interest of resolving any disputes in the most expedient and cost effective manner, any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is typically less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ADDITION TO OTHER RESTRICTIONS AND LIMITS OF LIABILITY CONTAINED WITHIN THESE TERMS.

Notwithstanding the immediately preceding paragraph, nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to seek injunctive relief in a court of law.

Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879.

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or reputable overnight carrier (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Our address for Notice is 908 S 8th Street, 3rd Floor, Louisville, KY 40203. Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, either party may commence an arbitration proceeding.

Any arbitration hearings will take place at a location to be agreed upon in Jefferson County, Kentucky provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

In the event that we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

If this section of these Terms is found to be unenforceable, then it shall be stricken and the remainder of these Terms enforceable unless the stricken section materially changes the intent of the parties. Regardless, if the entirety of this section is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 13 shall govern any action arising out of or related to these Terms.

Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Our corporate offices are located at 908 S 8th Street, 3rd Floor, Louisville, KY 40203. You may contact us by sending correspondence to the foregoing address.

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