Updated August 14, 2020

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TERMS OF USE

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PRIVACY POLICY

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Introduction

Our privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy controls and your rights in connection with our websites and the related mobile applications and services (collectively, the “Services”).

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Information PINZ Collects

PINZ collects information about you, including information that directly or indirectly identifies you, if you or your other members choose to share it with PINZ. We receive information in a few different ways, including when you track, complete or upload activities using the Services. PINZ also collects information about how you use the Services. There are also several opportunities for you to share information about yourself, your friends, and your activities with PINZ.

 

Account, Profile, Activity, and Use Information

We collect basic account information such as your name, golf handicap, email address, date of birth, gender, username and password that helps secure and provide you with access to our Services. Profile, activity and use information is collected about you when you choose to upload a picture, golf round (including score and location), or post, join a challenge, add your equipment usage, view others’ activities, or otherwise use the Services.

We use your contact information so we can respond to your support requests and comments.

 

Location Information

We collect and process location information when you sign up for and use the Services. We do not track your device location while you are not using PINZ, but in order to provide PINZ’s core Services, it is necessary for us to track your device location while you use PINZ. If you would like to stop the device location tracking, you may do so at any time by adjusting your device settings.

 

Content You Share

We gather information from the photos, posts, comments, fist bumps, ratings, reviews, and other content you share on the Services, including when you participate in partner events or create segments or routes.

 

Contacts Information

You can choose to add your contacts’ information by connecting your contacts from your mobile device or social networking accounts to PINZ. If you choose to share your contacts with PINZ, PINZ will, in accordance with your instructions, access and store your contacts’ information in order to identify connections and help you connect with them. Learn more about how we collect information about your contacts, how we use that information, and the controls available to you.

 

Connected Devices and Apps

PINZ collects information from devices and apps you connect to PINZ. For example, you may connect your Garmin watch or USGA account to PINZ and information from these devices and apps will be passed along to PINZ.

 

Payment Information

When you make a payment on PINZ, you may provide payment information such as your payment card or other payment details. We use Payment Card Industry compliant third-party payment services and we do not store your credit card information.

 

Third-Party Accounts

PINZ allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook, Google, or Apple (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences. This information is collected by the Third-Party Account provider and is provided to PINZ under their privacy policies. You can generally control the information that we receive from these sources using the privacy controls in your Third-Party Account.

 

Technical Information and Log Files

We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information.

The Services use log files. The information stored in those files includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses may be linked to session IDs, user IDs and device identifiers.

 

Other Information

We may collect information from you through third parties, such as when we collect your feedback through surveys.

We may also collect information about you from other members such as when they give you kudos or comment on your activities.

 

How PINZ Uses Information

PINZ uses the information we collect and receive to operate the Services and to customize them for you. For example, with your consent we use handicap information to generate leaderboards. Subject to your privacy controls, your information, including parts of your profile, username, photos, members you follow and who follow you, clubs you belong to, your activities, the devices you use, and fist bumps and comments you give and receive will be shared on PINZ so that you may be able to participate in the Services, for example to show your place on a leaderboard. Certain information (e.g., your name, and some profile information) is also available to non-members on the web. Your precise location information, such as a route or segment, may also be shared on PINZ or to non-members, in accordance with your privacy controls.

 

We use the information we collect about you, your followers, and your activities to customize your experience. For example, we may suggest golfers that you may want to follow. We also use the information we collect to process payments, provide support related to the Services, protect members and enforce our Terms of Service, promote safety, and to communicate with you (including to send marketing and push communications) where you have not opted out of receiving such messages and notifications.

 

We also use the information we collect to analyze, develop and improve the Services. To do this, PINZ may use third-party analytics providers to gain insights into how our Services are used and to help us improve the Services.

 

We may also use the information we collect to market and promote the Services, activities on PINZ, and other commercial products or services. This includes customizing your PINZ experience. For example, if we know that you play golf frequently in the hot climate, we may show you sponsored content related to running. Subject to your settings, we may also mention that you have used our partners’ products or services as part of your activities, which we refer to as Sponsored Integrations.

 

Aggregate Information

We do not sell your personal information. PINZ may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about equipment, usage, demographics, routes and performance. PINZ may use, sell, license, and share this aggregated information with third parties for research, business or other purposes such as to help our partners understand more about athletes, including the people who use their products and services. PINZ also uses aggregated data to generate our Global Golf Study. Please visit your privacy controls if you object to PINZ using your information for these purposes.

 

How Information is Shared

In addition to sharing aggregated data about our members as described above, we also share personal information in accordance with your preferences, as needed to run our business and provide the Services, and where required for legal purposes, as set forth below.

 

Service Providers

We may share your information with third parties who provide services to PINZ such as supporting, improving, promoting and securing the Services, processing payments, or fulfilling orders. These service providers only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf so that we or they may promote PINZ or display information that may be relevant to your interests on the Services or other websites or services.

 

Publicly Available Information

When you join the PINZ community, your profile and your activities are set to be viewable by everyone by default. Your name and other profile information is viewable by other PINZ members and the public and, subject to your privacy controls, additional information and content you share may also be viewable. For example, your photos and rounds may be accessed by other PINZ members and non-members or viewable on publicly accessible PINZ pages. We provide a variety of tools to control the sharing of your information and encourage our members to adjust their controls to align with their desired experience.

 

Sharing Information and Activities

As a social network, we share your information with other PINZ members and the public in accordance with your privacy controls. You can change the visibility of the activities you upload to PINZ. Also, you can tell us about important locations, such as your home or work address, by enabling a Privacy Zone in your settings. We will make private any portion of your activity that starts or ends in your Privacy Zone. You can also share your activities with your contacts via text, email, or on social media applications like Facebook, Instagram, and Twitter. If you link your PINZ account to other social networks and share your activities, they will be viewable on such third-party platforms, including your location information. You should use caution when sharing information via third parties and you should carefully review the privacy practices of such third parties.

 

Third Party Business via API or Other Integrations

We enable you to share your information and content with third party apps, plugins, or websites that integrate with the Services, as well as with third parties who work with PINZ to offer an integrated feature, such as a challenge sponsor or tracking watch. You can choose to share your profile data and golf data (including private activities). If you click on the link for a sponsored integration, you will leave our platform and the sponsor may be able to identify that you visited their platform from PINZ. Information collected by these third parties is subject to their terms and policies. PINZ is not responsible for the terms or policies of third parties.

 

Affiliates and Acquirors of our Business or Assets

We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regard to your information. If PINZ becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction.

 

Legal Requirements

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that this is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of PINZ or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

 

DMCA Notices

We may share your information with third parties when we forward Digital Millennium Copyright Act (DMCA) notifications, which will be forwarded as submitted to us without any deletions.

 

How We Protect Information

We take several measures to safeguard the collection, transmission and storage of the data we collect. We employ reasonable protections for your information that are appropriate to its sensitivity. The Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information and credit card numbers. PINZ engages providers that are industry leaders in online security, including Services verification, to strengthen the security of our Services. The Services are registered with site identification authorities so that your browser can confirm PINZ’s identity before any personal information is sent. In addition, PINZ’s secure servers protect this information using advanced firewall technology.

 

Managing Your Settings

 

Privacy Controls

PINZ offers several features and settings to help you manage your privacy and share your activities. Most privacy controls are located in your privacy controls page, but some are specific to individual activities. PINZ provides you the option to make your activities private. 

 

Adjust Notification and Email Preferences

PINZ offers various ways to manage the notifications you receive. You can choose to stop receiving certain emails and notifications. You may also unsubscribe by following the instructions contained at the bottom of each email. Any administrative or service-related emails (to confirm a purchase, or an update to this Privacy Policy or our Terms of Service, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the Services you requested.

 

Updating Account Information

You may correct, amend or update profile or account information at any time by adjusting that information in your account settings. If you need further assistance correcting inaccurate information, please contact PINZ at http://PINZgolf.com. PINZ will generally respond to your request within 10-14 business days.

 

Deleting Information and Accounts and Downloading Your Data

You can delete your account or download your data using our self-service tools.

After you make a deletion request, we permanently and irreversibly delete your personal data from our systems, including backups. Once deleted, your data, including your account, activities and place on leaderboards cannot be reinstated. Following your deletion of your account, it may take up to 90 days to delete your personal information and system logs from our systems. Additionally, we may retain information where deletion requests are made to comply with the law and take other actions permitted by law.

Note that content you have shared with others, such as photos, or that others have copied may also remain visible after you have deleted your account or deleted specific information from your own profile. Your public profile may be displayed in search engine results until the search engine refreshes its cache.

 

PINZ also provides you the option to remove individual activities you have posted from view on the Services without deleting your account. The activities will typically remain on PINZ’s systems.

 

Your Rights and Our Legal Bases

We provide the same suite of privacy tools and controls to all of our members worldwide. Particular rights may be available to you if you reside in certain locations, such as the EEA or California. 

 

Your Legal Rights in the EEA

If you are habitually located in the EEA, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information

 

Our Legal Bases

PINZ relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including:

• as necessary to provide the Services and fulfill our obligations pursuant to the Terms of Service. For example, we cannot provide the Services unless we collect and use your location information;

• where you have consented to the processing;

• where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims;

• to protect your vital interests, or those of others, such as in the case of emergencies; and

• where necessary for the purposes of PINZ’s or a third party’s legitimate interests, such as our interests in protecting our members, our partners’ interests in collaborating with our members, and our commercial interests in ensuring the sustainability of the Services.

 

Transfers

The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction.

 

Retention of Information

We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted. In addition, you can delete some items of information (e.g., profile information) and you can remove individual activities from view on the Services without deleting your account. Following your deletion of your account, it may take up to 90 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information where deletion requests are made to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

 

Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights which are commercially valuable to PINZ, such as statistics of the use of the Services.

 

Other PINZ Sites

PINZ maintains certain websites that can be accessed outside of https://PINZgolf.com, such as https://blog.PINZ.com (the “Other Sites”). The Other Sites maintain the look and feel of the Services, but are hosted by outside service providers with their own terms and privacy policies. If you interact with the Other Sites, your information may be stored, processed, or shared outside of the Services. If you interact with the Other Sites, you acknowledge that you may be subject to the terms and conditions and policies applicable to such Other Site. Please be aware that any personal information you submit to the Other Sites may be read, collected, or used by other users of these forums indefinitely, and could be used to send you unsolicited messages. PINZ is not responsible for the personal information you choose to submit via the Other Sites.

 

Privacy Policy Information

PINZ reserves the right to modify this Privacy Policy at any time. Please review it occasionally. If PINZ makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner and, if we make material changes, we will provide a prominent notice. If you object to any of the changes to this Privacy Policy, you should stop using the Services and delete your account.

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TERMS OF USE

 

You agree to comply with these Terms and any supplemental terms which PINZ makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

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If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

 

The PINZ Services cannot be provided and the agreement described in these Terms of Service cannot be performed without PINZ processing data about you, and other PINZ athletes, including your location data. Processing of the data you share with PINZ, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

 

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and PINZ are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against PINZ on an individual basis, unless you opt-out in accordance with the instructions below.

 

Registration and Accounts

The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

 

To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“Athlete Data”) and (b) maintain and promptly update the Athlete Data. You agree that PINZ may use your Athlete Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Athlete Data that is inaccurate or not current, or PINZ has reasonable grounds to suspect that such Athlete Data is inaccurate or not current, PINZ has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

 

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify PINZ of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Athlete Data and any other information or content you provide to PINZ.

 

You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize PINZ to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.

 

Payments and Fees
 

Payments
 

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by PINZ) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://PINZ.com/account. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by PINZ, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via https://support.PINZ.com.

 

Fees
 

In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Athletes changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your PINZ account, whether on a one-time or subscription basis. PINZ reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

 

Auto-Renewal
 

Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

 

Cooling Off
 

If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-off Period.

 

Cancellation
 

Cancellation of Subscription
 

If you signed up on PINZ.com, you may cancel your subscription by visiting your “Account” page and selecting “Downgrade.” If you signed up through the Google Play or iTunes store, you may cancel your subscription by downgrading through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.

 

Free Trials
 

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel your subscription at any time by going to your account settings.
 

Content and Conduct

 

Content
 

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

 

You understand that you, and not PINZ, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. PINZ does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. PINZ may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PINZ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that PINZ is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and PINZ, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with PINZ is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place PINZ in a position that is any different from the position held by members of the general public, including with regard to your Content.

 

Your Content will not be subject to any obligation of confidence on the part of PINZ other than as set forth in our Privacy Policy and your privacy controls, and PINZ will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. PINZ will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of athletes, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

 

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the PINZ service without compensation to you. For example, we may show your PINZ followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on PINZ. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

 

Conduct

We expect you to honor the PINZ Community Standards. The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

• Copying, framing or mirroring any part of the Services;

• Accessing the Services to monitor its availability, performance or functionality;

• Permitting any third party to access the Services;

• Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to PINZ;

• Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);

• Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of PINZ internet protocol space;

• Avoiding payment of charges or fees payable by you with respect to the Services;

• Committing any act that may be harmful to minors;

• Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

• Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to PINZ than a human can reasonably produce in the same period of time by using a conventional web browser;

• Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

• Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;

• Using the Services for any inappropriate commercial solicitation purposes;

• Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;

• Submitting to the Services or to PINZ any personally identifiable information, except as necessary for the establishment and operation of your account;

• Submitting to the Services or to PINZ any information that may be protected from disclosure by applicable law;

• Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

• Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;

• Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or

• Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you

 

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray PINZ or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

 

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While PINZ may recommend the equipment or materials of certain third party suppliers, PINZ shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

 

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

 

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

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