Updated: April 6th, 2008
The following User Agreement ("Agreement") governs the use of the
www.PinStack.com online service ("Service"), including without limitation
participation in its forums, personal profiles, chats, and all
other areas (except to the extent stated otherwise on a specific page). Please
read the rules contained in this Agreement carefully. Your use of and/or
registration on any aspect of the Service will constitute your agreement to
comply with these rules. If you cannot agree with these rules, please
do not use the Service. These rules may be modified from time to time; the date
of the most recent revisions will appear on this page. Continued access of the
Service by you will constitute your acceptance of any changes or revisions to
the Agreement.
Your failure to follow these rules, whether listed below or in the forums
posted at various points in the Service, may result in suspension or termination
of your access to the Service, without notice.
Registration and Account Creation
- REGISTRATION INFORMATION:
Service Provider may at times require that you register and/or set up
an account to use certain portions of the Service, or the Service as a
whole. In order to do so, you may be provided, or required to choose, a
password, User Id, and/or other registration information (collectively,
"Registration Information"). You agree and represent that all
Registration Information provided by you is accurate and up-to-date. If
any of your Registration Information changes, you must update it by
editing your Registration profile on the Service.
- USE OF USER ID/PASSWORD:
If you register and/or set up an account on the Service, you will be
solely responsible for maintaining the confidentiality of your
Registration Information. You may not authorize others to use the
Service, and you are responsible for all use by you and those you allow
to use the Service. You may not sub-license, transfer, sell or assign
your Registration Information and/or this Agreement to any third party
without our written approval. Any attempt to do so will be null and void
and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account
including, but not limited to, use of the account by any person who uses
your Registration Information, with or without authorization.
Rules of Usage:
- USE OF THE SERVICE BY YOU:
- Unless otherwise specified, the Service is intended for your
personal, noncommercial use only. You may not authorize others to
use the Service, and you are responsible for all use of the Service
by you and by those you allow to use, or provide access to, the
Service.
- The Service contains material that is protected by state,
national and international copyright, trademark and other
intellectual property laws. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in any way any
material, including code and software, from the Service. You may
download material from the Service and may use the Service for your
personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices.
- The Service is not intended for users under the age of 13, and
Service Provider does not knowingly collect personally identifiable
information from users under the age of 13. Such users are expressly
prohibited from submitting their personally identifiable information
to us, and from using our forums and chat areas; any information
submitted by such users will not knowingly be used, posted, or
retained by us.
- You agree not to use any obscene, indecent, or offensive
language or to place on the Service any material that is defamatory,
abusive, harassing, racist, or hateful. Further, you may not place
on the Service any material that is encrypted, constitutes junk mail
or unauthorized advertising, or commercial offers, invades anyone's
privacy, or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or that otherwise violates
any local, state, federal, national or international law or
regulation. You agree to use the Service only for lawful purposes
and you acknowledge that your failure to do so may subject you to
civil and criminal liability.
- You are responsible for ensuring that any material you provide
to the Service or post on the forum or elsewhere,
including but not limited to text, photographs and sound, does not
violate the copyright, trademark, trade secret or any other personal
or proprietary rights of any third party or is posted with the
permission of the owner(s) of such rights.
- The content, organization, graphics, text, images, video,
design, compilation, advertising and all other material on the
Service, including without limitation, the "look and feel" of this
website, are protected under applicable copyrights and other
proprietary (including but not limited to intellectual property)
rights and are the property of Service Provider or its licensors.
The copying, rearrangement, redistribution, modification, use or
publication by you, directly or indirectly, of any such matters or
any part of the website, including but not limited to the removal or
alteration of advertising, except for the limited rights of use
granted hereunder, is strictly prohibited.
- You may not in any way make commercial or other unauthorized
use, by publication, re-transmission, distribution, performance,
caching, or otherwise, of material obtained through the Service,
except as permitted by the Copyright Act or other law or as
expressly permitted in writing by this Agreement, Service Provider
or the Service.
- You agree not to disrupt, overwhelm, attack, modify or interfere
with the Service or its associated software, hardware and/or servers
in any way, and you agree not to impede or interfere with others'
use of the Service. You further agree not to alter or tamper with
any information or materials on or associated with the Service.
- Other than connecting to Service Provider's servers by http
requests using a Web browser, you may not attempt to gain access to
Service Provider's servers by any means - including, without
limitation, by using administrator passwords or by masquerading as
an administrator while using the Service or otherwise.
- You acknowledge that Service Provider has not reviewed and does
not endorse the content of all sites linked to from this Service and
is not responsible for the content or actions of any other sites
linked to from this Service. Your linking to any service or site is
at your sole risk.
- COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE
PROVIDER:
Service Provider does not necessarily endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or statements
posted on forums, blogs or otherwise contained in the Service. Nor does
Service Provider or its third party service providers make any
warranties with respect to any of the merchandise featured, mentioned,
or sold on or through the Service. Any information or material placed
online, including advice and opinions, are the views and responsibility
of those who post the statements or those who actually sell any
merchandise, and do not necessarily represent the views of Service
Provider or its third party service providers.
- USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of personal information you supply or
communicate to the Service, please see our
Privacy Policy.
Except as expressly provided otherwise in the Privacy Policy, you agree
that by posting messages, uploading files, inputting data, or engaging
in any other form of communication with or through the Service, you
grant us a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, translate, enhance,
transmit, distribute, publicly perform, display, or sublicense any such
communication (including your identity and information about you) in any
medium (now in existence or hereinafter developed) and for any purpose,
including commercial purposes, and to authorize others to do so. In
addition, please be aware that information you disclose in publicly
accessible portions of the Service will be available to all users of the
Service, so you should be mindful of personal information and other
content you may wish to post.
- COPYRIGHT COMPLAINTS:
Service Provider respects the intellectual property of others, and we
ask our users to do the same. Service Provider may, in appropriate
circumstances and at its discretion, suspend or terminate the access of
and take other action against users, subscribers, registrants and
account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on
the Service in a way that constitutes copyright infringement, or that
the Service contains links or other references to another online
location that contains material or activity that infringes your
copyright rights, you may notify Service Provider by providing the
following information (as required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17
U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
- Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit Service Provider to locate the
material;
- Information reasonably sufficient to permit Service Provider to
contact the complaining party, such as an address, telephone number,
and if available, an electronic mail address at which the
complaining party may be contacted;
- A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Send Copyright info to:
PinStack.com
Box 362, St. Johns, Antigua
By phone: (268) 464-4936
By e-mail: support@pinstack.com
For communications on other matters, please e-mail
help@pinstack.com
- MATERIALS POSTED BY OTHERS:
You agree that Service Provider and its third party service providers
are not responsible, and shall have no liability to you, with respect to
any information or materials posted by others, including defamatory,
offensive or illicit material, even material that violates this
Agreement.
- INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates,
employees, agents, representatives and third party service providers,
and to defend and hold each of them harmless, from any and all claims
and liabilities (including attorneys fees) which may arise from your
submissions, from your unauthorized use of material obtained through the
Service, or from your breach of this Agreement, or from any such acts
through your use of the Service.
- EDITING AND DELETIONS:
Service Provider reserves the right, but undertakes no duty, to
review, edit, move or delete any material provided for display or placed
on the Service or its forums, in its sole discretion, without
notice.
- ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time,
additional rules of usage that apply to specific parts of the Service.
Such additional rules will be posted in the relevant parts of the
Service, and will be clearly identified. Your continued use of the
Service constitutes your agreement to comply with these additional
rules.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE
SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES
AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY
OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE
SERVICE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE
PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR
LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED
ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS
TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO
HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE
SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON
THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE
OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND
THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL
AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
- DISTRIBUTION OF RIM'S UNRELEASED SOFTWARE IS
PROHIBITED
Be reminded that software that is the copyrighted work of RIM and/or its
licensors' is governed by their terms of the end user license agreement
that accompanies or is included with the software. You may not modify,
publish, transmit, participate in the transfer or sale of, reproduce,
create derivative works from, distribute, perform, display, incorporate
into the Service in whole or in part. Distributing or exporting such
Software is prohibited by the Service Provider and will result in the
termination of your membership.
- TERMINATION OR SUSPENSION OF ACCESS TO THE
SERVICE:
Service Provider has the right to terminate and/or suspend your
ability to access the Service or any portion thereof, for any or no
reason, without notice.
If you don't agree to the terms contained in this Agreement, please
exit PinStack.com.
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