Last Updated May 18th, 2015
Thank you for your interest in Pinnatta, owned and operated by Pinnatta Inc. (“Pinnatta,” “we,” or “us” or “The Company“). We provide software applications for smartphones and other mobile platforms (“Apps”) that enable users to send interactive messages and interactive experiences (“Pinnatta Messages” or "Pinnattas") to each other, and otherwise interact with each other (the “Service“).
Additional Policies. The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Service.
End User License Agreement. Use of the Apps is subject to the applicable End User License Agreement for the official App store of your device, either Google Play or Apple´s App store.
Intellectual Property Policy. Pinnatta respects the intellectual property rights of others, and strictly prohibits infringing activity on the Service. Our Intellectual Property Policy, which describes the steps Pinnatta takes to address claims of such activity, is available at www.pinnatta.com/intellectual-
Other Terms, Conditions, and Policies. Pinnatta may from time to time post other policies on the Service (typically, relating to specific issues). Your use of the Service is subject to any and all such policies, each of which is hereby incorporated into these Terms.
Accessing the Service.
Eligibility. You must be an individual at least 13 years old to use the Service. By using the Apps or other features of the Service, you represent that you are at least 13 years old and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that you are accepting the benefit of the Service.
Access. Pinnatta grants you permission to access and use the Service as set forth in these Terms and consistent with the intended features of the Service, provided that: (i) you use the Service solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Service, including any materials obtained from or included within the Service; and (iii) you do not engage in any of the prohibited uses described below.
Fees. Certain functions on the Service may now or in the future have fees associated with them, including, without limitation, license fees to access, download, or use certain Apps, Pinnatta Messages, or other Pinnatta Materials (as defined below), which we may modify or eliminate at any time in our sole discretion. Payment of these fees is made through the Google Play and the Apple App Store payment service respectively. Refund of iOS users is not possible; instead , they will be offered other Pinnatta Materials free of charge, as appropriate. Pinnatta may choose to temporarily change or waive any such fees, such as for promotional events or new services, without liability to users who have already paid higher fees for the same services, and such changes are effective immediately upon posting or otherwise being communicated to users through the Service. Any changes for such fees will be effective as described in Section 8, below. Unless otherwise stated, all fees are in U.S. Dollars.
Pinnatta Messages. All Pinnatta Messages are Pinnatta Materials (as defined below) and are licensed to you on a revocable, nonexclusive basis for your personal and noncommercial use subject to these Terms. Nothing in these Terms will be considered a transfer or sale of any Pinnatta Content. Even if we may use words such as “acquire,” “receive,” “obtain,” “order,” or “collect” in these Terms or on the Service with respect to any Pinnatta Messages, you and those to whom you send Pinnatta Messages do not own any Pinnatta Messages, which are provided by us or our licensors. If your account on the Service is terminated or suspended for any reason, you may lose the ability to access and otherwise interact with Pinnatta Messages that you have licensed from us. The length of time you or your recipients may have access to Pinnatta Messages will be determined by us in our sole discretion.
Proprietary Rights Notice. The Service is owned and operated by Pinnatta. The content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, computer code, software, products, and all other elements of the Site and the Apps provided by Pinnatta (“Pinnatta Materials“) are the valuable proprietary and intellectual property of Pinnatta or its licensors. Pinnatta Materials are protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content, information or software. Any attempt to download, print, publish or maintain the content, information, or software from the Service in violation of these Terms or any applicable license, to distribute copies of such content, information or software, including any Apps, or to otherwise exploit the content, information or software in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms.
Prohibited Use of the Service. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, violate the rights of, or disparage any person or entity. Without limiting the generality of the preceding sentence, you agree that you will not do or attempt to:
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, Service, Pinnatta Materials or User Materials (as defined in the Intellectual Property Policy available at www.pinnatta.com/intellectual-
Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation Pinnatta Materials and User Materials), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
Access or use the Service for any commercial or business purpose, including without limitation for comparative or competitive research purposes;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Apps or the Service, features that prevent or restrict the use or copying of any part of the Apps or the Service, or features that enforce limitations on the use of the Apps or the Service or any content therein;
Use any robot, spider, scraper, or other automated means of any kind to access the Service, except and solely to the extent permitted by these Terms and the features of the Service, deep-link to any feature or content on the Service (except as contemplated by such feature or content or by any functionality we may make available on the Service), frame or otherwise enclose any Pinnatta or Pinnatta trademark or any portion of the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of others;
Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Service;
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Materials;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise);
Sell, transfer, rent, or license any virtual goods or other Pinnatta Messages, or offer to do any of the foregoing;
Use the Service in any manner that violates any terms, conditions, policies, or rules of any third-party service, including but not limited to any social network or other service with which the Service is integrated; or
Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
Account Information & Responsibilities of Registered Users.
Responsibility for Account Activity.Your account is personal to you, and you may not allow any third party to access your account. As you will be responsible for all activity that occurs under your account, you should preserve the confidentiality of your username and password, and any device that you use to access the Service. If you have any reason to believe that your account has been compromised or accessed by a third party, you agree to immediately notify us by e-mail to firstname.lastname@example.org. You are solely responsible for losses incurred by Pinnatta and others (including other users) due to any unauthorized use of your account that occur prior to notifying us that your account was compromised.
Contest terms. Pinnatta reserves the right to run contests and other promotional activities and campaigns awarding its users prizes (the “contest”) at any time without prior notice. Contests are not open to Pinnatta personnel. You, as a registered user at the time a contest is organised, will automatically participate, and hereby consent to participate and irrevocably accept these terms and any Pinnatta decisions, to such contest unless you have opted-out in your account settings page. Pinnatta reserves the right to choose the prize and/or prizes of a contest. Unless otherwise decided at Pinnatta discretion and communicated to participants in advance, during the term of a contest users will acquire points according to the following points system: 1 point will be credited to a user for each Pinnatta message the same user sends; 2 points will be credited to a user for each Premium Pinnatta message (if available) the same user sends; sharing and forwarding of Pinnatta messages receive no points. At the end of the contest term all credited points will enter a digital draw in order for the winner(s) to be randomly selected. Decisions by Pinnatta will be final in all respects. Winner(s) will be informed by Pinnatta in private, exclusively through their e-mail accounts as declared in their user accounts. Pinnatta reserves the right to announce winner(s) publicly; however, in such event all users consent in advance to such announcement in case they win in the contest. Winners consent to the use of their names/likeness for publicity purposes without additional compensation. All prizes are personal to the respective winners, are not transferable nor can they be exchanged for money. Each user can only win one prize. Pinnatta reserves the right to substitute a comparable prize if the original prize in unavailable. Winners have no obligation to accept the prizes. Pinnatta reserves the right to forfeit prizes to any winner who does not reply to the Pinnatta email above within two (2) days since it was sent. Winners are solely responsible for any and all applicable taxes associated with receipt of prizes. Contests are void where prohibited by law.
Third Party Content and Links. The Service may contain references or links to third-party materials and services (including, without limitation, web sites from third parties) not controlled by Pinnatta or its suppliers or licensors. Pinnatta provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Pinnatta is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service. Your correspondence or business dealings with, or participation in promotions of, sponsors, advertisers, and other third parties found on or through the Service are solely between you and such advertiser, sponsor, or other third party. YOU AGREE THAT Pinnatta WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS, SPONSORS, OR OTHER THIRD PARTIES ON THE SERVICE. When you leave the Service, these Terms no longer govern. You should review applicable terms and policies, including any relevant privacy policies, associated with any third party web sites, software, or services you utilize.
User Disagreements. Your use of the Service may bring you into contact with other users, and their User Materials, such as through sending Giphts to, receiving Giphts from, or otherwise communicating with other users using the Service. You are solely responsible for your involvement with other users. If you have a dispute with one or more Users, you release Pinnatta (and Pinnatta´s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Termination. By Pinnatta. Pinnatta, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) you may have on the Service, disable your access to the Service (or any part thereof, including but not limited to any virtual goods or other Pinnatta Messages), discontinue the Service, any portion thereof, and the availability of or ability to use any Pinnatta Messages, as well as any related services including support (or any part thereof), or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that Pinnatta shall not be liable to you or any third-party for any such termination. Pinnatta does not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the Service, and reserves the right to terminate access to the Service, or halt, suspend, or terminate Pinnatta Messages and/or any kind of prize that may be offered from time to time on the Service (whether proposed, pending or past) in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Pinnatta will not have any responsibility to deliver or allow you access to any of your User Materials or other information you may have stored with Pinnatta in connection with your use of the Service. These remedies are in addition to any other remedies Pinnatta may have at law or in equity.
By You. If you are dissatisfied with the Service, then please let us know by e-mailing us at email@example.com Your only remedy with respect to any dissatisfaction with (i) the Apps or the Service, (ii) any Pinnatta Messages, (iii) any of these Terms, (iv) any policy or practice of Pinnatta in operating the Service, or (v) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing your account, discontinuing your use of any and all parts of the Service, or providing Pinnatta with notice of termination at firstname.lastname@example.org.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4, and 9 through 20, and the Intellectual Property Policy.
Confidential Information. Certain content, information or software you access through the Service may contain confidential information of Pinnatta. You agree to keep Pinnatta´s confidential information confidential by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer Pinnatta´s information to any third party or use Pinnatta´s confidential information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Pinnatta´s confidential information, whether or not deemed a trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no action by you.
Submissions. If you choose to contribute by sending us any ideas for features, modifications, enhancements, refinements, products, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials, whether relating to the Apps or the Service or otherwise (“Submissions”), then regardless of what your accompanying communication says, the following terms shall apply:
We have no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
Submissions are non-confidential, and we are not under any obligation to keep Submissions you send confidential.
You irrevocably grant us and our successors and assign an unrestricted, transferable, sublicensable license to use, reproduce, modify, and distribute Submissions for any purpose, including by making, using, selling, and importing commercial products and services which incorporate or embody Submissions in whole or in part, free of charge and without attribution of any kind.
Indemnity. You agree to indemnify and hold harmless Pinnatta and its affiliates, licensors, and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Apps and the Service; (ii) your User Materials; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Materials infringes or violates any third party intellectual property rights. Pinnatta reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter that you are required to indemnify Pinnatta for without the prior written consent from Pinnatta. Pinnatta will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY PINNATTA MATERIALS, ANY PINNATTA MESSAGESS, AND ANY OTHER CONTENT, MATERIALS, SERVICES OR INFORMATION LICENSED, SUBLICENSED, OR OTHERWISE PROVIDED BY Pinnatta), THE APPS, ANY USER MATERIALS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Pinnatta AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Pinnatta AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ANY APPS, PINNATTA MESSAGES, PINNATTA MATERIALS, AND USER MATERIALS, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT USE OF THE APPS, INCLUDING OVERUSE, IMPROPER USE, OR USE WHILE DRIVING OR OPERATING OTHER MACHINERY OR ENGAGING IN OTHER ACTIVITIES, COULD RESULT IN HARM OR INJURY TO YOURSELF OR OTHERS AND DAMAGE TO SUCH DEVICE, OR TO OTHER PROPERTY, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH HARM, INJURY, OR DAMAGE.
Pinnatta MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY CONTEST OR OTHER PROMOTION OFFERED ON OR IN CONNECTION WITH THE APPS OR THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH Pinnatta HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
Limitation of Liability. IN NO EVENT WILL Pinnatta OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO PINNATTA MATERIALS, PINNATA MATERIALS, USER MATERIALS, THE APPS, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF Pinnatta OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Pinnatta OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY WHICH EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID Pinnatta IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Limitations; Basis of the Bargain. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Pinnatta, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Pinnatta, Pinnatta´S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT Pinnatta WOULD NOT BE ABLE TO OFFER THE APPS OR SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Pinnatta must be resolved by a court located in Santa Clara County, CA, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, CA for the purpose of litigating all such claims or disputes.
Notices. Pinnatta may provide you with notices by electronic mail, regular mail or postings on the Service. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Pinnatta is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
Miscellaneous. This is the entire agreement between you and Pinnatta relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Pinnatta with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in Section 8 (“Modification of the Terms”), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of Pinnatta to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pinnatta as a result of these Terms or use of the Service. You further acknowledge that by submitting or transmitting User Materials, no confidential, fiduciary, contractually implied, or other relationship is created between you and Pinnatta other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pinnatta without restriction, including by operation of law, reorganization, reincorporation, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
The services hereunder are offered by:
Pinnatta Inc. 440 N. Wolfe Rd, Sunnyvale CA 94085