Last Updated September 23rd, 2013
and capitalized terms used and not defined in this policy have the meaning given to them in the Terms.
1. General. The Service provides features for you and other users to submit, post, transmit, and share content such as Pinnatta Messages, as well as other forms of text, images, messages, commentary or other content (“User Materials”).
2. Interaction with In-Service Elements. You do not acquire any ownership rights to any Pinnatta Materials (or derivatives thereof) by using the Apps or the Service or by acquiring, transmitting, or submitting any Pinnatta Message or other User Materials. You agree and acknowledge that all materials you encounter or interact with through your use of the Service, including, without limitation, all content and images, are the sole and exclusive property of Pinnatta or its licensors. You acknowledge that Pinnatta (and/or its affiliates, publishing partners, distributors, licensors and licensees) may use any and all such materials (and derivatives thereof) for any purpose, including for commercial or promotional use, and you hereby release Pinnatta from any and all claims you may have related in any way to the foregoing.
3. Access and Responsibility. While Pinnatta may provide certain tools to aid you in controlling access by others to your User Materials, Pinnatta cannot guarantee any anonymity or confidentiality with respect to any User Materials, and strongly recommends that you think carefully about what you submit to and through the Service. You understand that all User Materials is the sole responsibility of the person who generated such User Materials. This means that you, and not Pinnatta, are entirely responsible for User Materials that you make available through the Service.
4. No Obligation to Publish. Pinnatta reserves the right, in its sole discretion, to reject, remove, or limit access to any User Materials at any time with or without notice. Without limiting the generality of the preceding sentence, Pinnatta will remove User Materials upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).
6. Additional License Grants. You grant the Pinnatta Licensees the right to use your name and/or likeness and/or any name and/or likeness that you submit in connection with your User Materials if the applicable Pinnatta Licensees should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you under this Intellectual Property Policy and under the Terms, in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Materials.
7. User Materials Representations and Warranties. You are solely responsible for your own User Materials and the consequences of posting, publishing, or transmitting them. In connection with User Materials, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Pinnatta to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Materials to enable the use of User Materials in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) your User Materials, Pinnatta´s or any Pinnatta Licensees´ use of such User Materials pursuant to these Terms, and Pinnatta´s or any Pinnatta Licensees´ exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms.
8. User Materials Prohibited Uses. In connection with your User Materials, you further agree that you will not: (i) post or transmit falsehoods or misrepresentations that could damage Pinnatta or any third party; (ii) use any copyrighted content owned or controlled by a third party without obtaining the necessary permissions, licenses and authorizations for the use of such third-party content; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post or transmit advertisements or solicitations of business, except as may be expressly contemplated by the Service; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) post or transmit User Materials that would be harmful to minors in any manner; or (vii) reproduce, distribute, publicly display, publicly perform, adapt, or otherwise publish or cause to be published any User Materials except as permitted by these Terms and the features of the Service.
9. Content Disclaimer. YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU MAY BE EXPOSED TO USER MATERIALS FROM A VARIETY OF SOURCES, AND THAT Pinnatta IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Pinnatta WITH RESPECT THERETO. Pinnatta DOES NOT ENDORSE ANY USER MATERIALS OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL Pinnatta BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER MATERIALS.
10. Monitoring User Materials; Removal of Content. Pinnatta does not control User Materials and does not have any obligation to monitor such User Materials for any purpose. Pinnatta may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Materials, but by doing so Pinnatta nonetheless assumes no responsibility for the User Materials, no obligation to modify or remove any inappropriate User Materials, or to monitor, review, or otherwise access other User Materials, and Pinnatta assumes no responsibility for the conduct of the User submitting or transmitting any User Materials. You acknowledge that Pinnatta may or may not pre-screen User Materials, but that Pinnatta and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, or limiting access to any User Materials that is available via the Service. Without limiting the foregoing, Pinnatta and its designees may, at any time and without prior notice, remove any User Materials that in the sole judgment of Pinnatta violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Materials or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Materials. You should exercise good judgment before accessing or downloading any other User Materials.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
1. General. Pinnatta respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Materials.
2. User Materials. It is Pinnatta´s policy that if a user uploads or transmits User Materials that contains any copyrighted work, then that user must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and also grant the rights to any third parties, including Pinnatta and any other users, contained in these Terms. Violation of this requirement may be grounds for removal of the User Materials, termination of the user´s account, and any other remedy Pinnatta may have against the user.
3. Copyright Owner Rights. If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Pinnatta´s Designated Copyright Agent with the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
(iii) 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 Pinnatta to locate the material;
(iv) information reasonably sufficient to permit Pinnatta 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;
(v) 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
(vi) 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 (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is Pinnatta´s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, Pinnatta will promptly terminate without notice the accounts of Users that are determined by Pinnatta to be “repeat infringers.” If Pinnatta receives more than three takedown notices regarding a particular user´s User Materials, then that user will be considered a repeat infringer and their account will be terminated.
4. Designated Agent. Pinnatta´s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Pinnatta, Inc., 440 N. Wolfe Rd, Sunnyvale CA 94085 or by electronic mail at firstname.lastname@example.org
For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Pinnatta customer service through email@example.com
. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.