Privacy Policy for Pindify

Effective as of 25 May 2018

We are glad to welcome you to the Pindify Marketplace, a service provided by Pindify, Sàrl and its subsidiaries (“Pindify”, “we”, “our”, “us”).

Your privacy is important to us and the purpose of this Privacy Policy is to explain how we collect, store, use, disclose and otherwise process your personal information when you use Pindify.com or any other Pindify website (together the “Website”), our mobile and desktop applications (the “Apps”) and all related sites, players, widgets, tools, applications, data, software, APIs and other services provided by Pindify (the “Services”). Information relating to our use of cookies and similar technologies is set out in our Cookie Policy, which forms part of the Privacy Policy why, when we refer to the Privacy Policy, we refer both to the Privacy Policy and Cookie Policy Please note that this Privacy Policy only applies to the Website, the Apps and the Services (together the “Marketplace”). When using the Marketplace, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. Pindify is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your Pindify account or sharing any personal data. If you do not agree to any of the provisions of this Privacy Policy, you should not use the Marketplace. If you have any questions or concerns about this Privacy Policy, you can contact us through the help function in the Marketplace or at dataprotection@pindify.com

Data controllers

When this policy mentions “Pindify,” “we,” “us,” or “our,” it refers to the Pindify entity that is responsible for your information under this Privacy Policy (the “Data Controller”).

Pindify, Sàrl, with registered address at 117 Val des Bons-Malades L-2121 Luxembourg, is the Data Controller of your personal data provided to, or collected by or for, or processed in connection with, our Marketplace.

We may share your data within our corporate group of companies that are related by common ownership or control (“Pindify Group”).

Our privacy principles

Pindify is committed to putting users first and believes you should know what data we collect about you, why we collect it, and how we use and share it. This is why we have designed this Privacy Policy to give you simple, clear, accurate and actionable information about our privacy and data protection practices.

We believe users of the Marketplace should also have meaningful choices over the data we collect, use and share as described in this Privacy Policy and otherwise in the Marketplace.

Information we collect

All personal information we collect is related to our ability to provide the Marketplace and its features and received from various sources.

(i) Information you provide to us

We ask for and collect the below personal information when you use the Marketplace. The information is necessary for the adequate performance of the agreement between you and us and to allow us to comply with our legal obligations.

We process this information in light of our legitimate interest in improving the Marketplace and giving the Marketplace users the best experience, and where it is necessary for the adequate performance under the agreement between us and you. Without processing the information, we may not be able to provide you with all the requested services and features of the Marketplace.

Certain Services require that you register for an account and, by doing so, you provide us with certain information:

Account Information. When you register any kind of Pindify account, you will need to provide your e-mail address and choose a password. In addition, you will also need to provide your real name, billing information, and payment verification information.

Profile Information. You may choose, at your discretion, to provide additional information for your public profile on Pindify – for example, your real name, a user name (which may be your real name or a pseudonym), the city and country in which you live, a profile picture, profile header image or avatar, information about how you categorize yourself with respect to content (for example, whether you are a musician, a label or some other category of creator), details of your other websites and social media profiles, including links to those pages, your gender if you wish to provide it, and any additional information you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website, or using our API or other Services. Please bear this in mind when considering whether to provide any additional information about yourself

Communications. When you communicate with Pindify by email or through the Marketplace, or use the Marketplace to communicate with other Marketplace users, we collect information about your communication and any information you choose to provide.

Survey Information. If you participate in any survey, you may provide certain personal data as part of your response, unless you respond anonymously.

Information You Post. You may provide personal data when you upload content to the Marketplace, or when you post comments, or contribute to community discussions.

(ii) Information we collect automatically

There is certain information that we collect automatically as the result of your use of the Marketplace, or through the use of cookies and other web analytics services as described in our Cookie Policy. This information generally includes:

Usage Information. We collect information about your interactions with the Marketplace, including the pages and providers that you visit and links you click on, streaming, uploading or recording tracks, connecting your Facebook or Google+ account , sharing content, following or unfollowing another Marketplace user, joining or leaving a group, posting a comment, performing a search, the time, frequency and duration of your visits to the Marketplace, and whether you interact with e-mail messages, for example, if you opened, clicked on, or forwarded the e-mail message.Log Data. We automatically collect log information when you use the Marketplace. That information includes, among other things, details about how you have used the Marketplace (including links to third party sites or services), IP address, access times, your browser type and operating system, device information, device event information (e.g., crashes, browser type), and the page you have viewed or engaged with before or after using the Marketplace.

Log Data. We automatically collect log information when you use the Marketplace. That information includes, among other things, details about how you have used the Marketplace (including links to third party sites or services), IP address, access times, your browser type and operating system, device information, device event information (e.g., crashes, browser type), and the page you have viewed or engaged with before or after using the Marketplace.

Cookies. We use cookies and other similar technologies, such as pixels, local storage, and mobile device identifiers and may also allow our business partners to use these tracking technologies on the Marketplace, or engage others to track your behavior on our behalf. For more information on our use of these technologies, see our Cookie Policy.

Location Data. When you use certain features of the Marketplace, we may collect data about your general location (e.g. your IP address). We use this data to provide you with location-based services (such as advertising and personalized content). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings.

Device Information. We collect information from and about the devices you use, including how you interact with the Marketplace and information about device itself, such as the hardware model, operating system, IP addresses, cookie information, device settings, mobile device and advertising identifiers, apps installed, browser type, language, battery level and time zone. This information allows us to recognize and associate your activity, and provide personalized content and advertising, consistently across all of your devices.

Pindify widget. Other websites may integrate Pindify widgets; when you visit a website with a Pindify widget embedded, we may receive certain information, including information about the website you visited. Pindify and the widget may be able to recognize you, and in some cases the widget may be used to show personalized content. We know when you interact with a widget, and websites containing the widgets may receive this information as well.

(iii) Information we obtain from third parties

We may also receive information about you from our service providers and business partners, including companies that assist with payment processing, analytics, data processing and management (e.g. to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you, including for Pindify products) account management, hosting, customer and technical support, and other services which we use to personalize your Pindify experience

How We Use Your Information

We use the personal information we collect from you, including with the help of automated systems and decision making, for a range of different business purposes according to different legal bases of processing and subject to the choices you make in your settings of the Marketplace.

(i) Provide, improve and develop the Marketplace

To operate and maintain your Pindify account, and to provide you with access to and use of the Marketplace. Your email address and password are used to identify you when you log into the Marketplace. Your device-IDs are used to ensure that you are in control of the devices that have access to your subscription.

To identify you as the creator of the content that you upload, the comments that you post and/or the other contributions that you make to the Marketplace.

To provide creators with stats and insights about users’ listening behavior of their content, (i.e. streaming and downloading their content or following their profiles).

We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new features, and conduct audits and troubleshooting activities.

When purchasing an account, your name, address and payment verification information will be used to process your account subscription and renewals and to collect your payment.

Your email will be used to send you service updates and notifications about your account.

To communicate with you about any comment or enquiry you have submitted.

We use your age to enable age restrictions

We process this information in light of our legitimate interest in improving the Marketplace and giving our users the best experience, and where it is necessary for the adequate performance of the agreement with you.

(ii) Maintain a safe and secure environment

Detect and prevent fraud, spam, abuse, security incidents, and other suspicious activity.

Verify and authenticate your identity and prevent unauthorized or illegal activity.

Enhance the safety and security of our products and services.

Conduct security investigations and risk assessments.

To prevent or take action against activities that are, or may be, in breach of our terms of use, guidelines or applicable law.

To provide you with customer and technical support.

We process this information in light of our legitimate interest in improving the Marketplace and giving our users the best experience, and where it is necessary for the adequate performance of the agreement with you.

(iii) Personalize content, advertising and marketing

To improve your experience on the Marketplace by providing personalized content, recommendations, and features.

To customize the content and measure performance of any e-mail, push notification, or in-app message we may send to you.

Administer promotional activities or events sponsored or managed by Pindify or its partners.

Use automated systems and decision making to profile user characteristics and infer preferences based on information that you provide to us, your interactions with the Marketplace and content, your profile information, and information obtained from third parties.

To deliver targeted marketing for Pindify products on and off the Marketplace and measure the success of those campaigns.

Combine information we collect about you with information from business partners and use it to serve more relevant advertising.

We may use your data for other purposes, provided we disclose the purposes and use to you at the relevant time, and provided that you consent to the proposed use of your personal data.

Sharing of your information

This section describes how the information collected or generated through your use of the Marketplace may be shared by you or by us.

Through your profile. Any information in your Pindify profile will be accessible by other users of the Marketplace, who may view your profile information, listen to and comment on any of your content, add themselves to your list of followers, and send you messages. If you consume any content uploaded by a Pindify user, the fact that you have consumed the content will be shared, and that you are following that user, so that they can track the popularity of their content. Similarly, if you comment on any content on the Marketplace, your comments will be available to all users of the Marketplace.

Consent. We will disclose your information if you have agreed that we may do so. We will make this clear to you at the point at which we collect your information, including the purpose(s) for which we will use the data.

Service providers. We use a variety of third party service providers, some of who may be located outside of the European Economic Area (“EEA”), to provide services to us or to our users on our behalf. These service providers have access to your information solely to perform these tasks on our behalf, and are contractually bound to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data, and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us. We need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.

Advertising. We share the data collected about you, generally in hashed, aggregated, or de-identified forms with advertisers and advertising service providers and business partners in order to serve ads based on your interests and measure the reach and effectiveness of those ads, including whether a user took an action (e.g. purchase a product). We may also share cookie data and device identifiers with service providers for data matching purposes, in order to improve ad targeting.

Social media. For users outside of the EU/EEA, where permissible under applicable law, we may share your e-mail address with Facebook in order to target you with ads for Pindify products on Facebook and on third party websites and applications on Facebook. We also allow Facebook and other social media platforms to collect information through cookies and similar technologies like pixels in order to serve ads for Pindify on those third party websites and apps and drive users to our Marketplace. In order to measure the effectiveness of and optimize these marketing campaigns, these technologies track activity taken across devices after a user sees a Pindify ad, in order to determine performance metrics like sign ups, visits to the Marketplace, and purchases. We undertake these activities based on our legitimate interest in acquiring new customers and offering products we think you may be interested in. Any questions regarding how these social media platform service provider processes your personal data should be directed to such third party platform.

Aggregated data. We may also share aggregated information (information about our users that we render in such a way that it no longer identifies or references an individual user) and other pseudononimized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

Compliance with laws. We may disclose your information to courts, law enforcement agencies, and governmental authorities to (i) comply with our legal obligations, (ii) comply with legal process and to respond to claims asserted against Pindify, (iii) respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) enforce and administer our Terms of Use and other agreements with users, or (v) protect the rights, property or personal safety of Pindify, its employees, and members of the public.

Protecting our rights. We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors, officers, or shareholders, and/or to ensure the safety and security of the Marketplace and/or the Pindify community.

To our affiliates. To enable and support us in providing the Marketplace and Services, we may share your information, including personal information, within the Pindify Group. The data sharing is necessary for the performance of the contract between you and us and is based on our legitimate interests in providing the Marketplace globally.

Change of control. We may also share your personal data as part of a sale, merger or change in control of Pindify, or in preparation for any of these events. Any other entity that buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

Cookies

As further described in our Cookie Policy we use cookies and similar technologies (e.g., pixels, local storage, and device identifiers) to recognize you and/or your device(s) on and off the Marketplace, and across devices and devices. To the extent allowed by your settings or your device, we also allow third parties to use cookies as described in our Cookie Policy in order to track user behavior on and off the Marketplace in order to show you ads based on your interests and preferences. You can control cookies through your browser and other tools as described in the Cookie Policy, as well as through your settings.

Information security

Pindify maintains technical, administrative, and physical safeguards that are designed to prevent unauthorized access, use or disclosure of personal information we collect or store. We regularly monitor our systems for possible vulnerabilities and attacks. However, it is not possible to guarantee the security of information transmitted over the Internet. You use the Marketplace and provide us with information at your own discretion and risk.

Transfer of data outside the EEA

Pindify operates globally and may share your information internally within the Pindify Group, and third parties for the purposes described in this Privacy Policy. Information collected within the EEA may, for example, be transferred to countries outside of the EEA for the purposes as described in this Privacy Policy. We utilize appropriate safeguards such as Standard Contractual Clauses approved by the European Commission, or another legally approved mechanism, to ensure the lawful transfer of your personal data outside of the EEA.

Children

We do not knowingly collect any personal information from any person who is under the age of 18 or 13, as the case may be, or allow them to register an account. If the processing of personal information concerns a child under the age of 18 (or such other lower age determined by the local laws where you live), consent must be given by an authorized person with parental responsibility for the child.

Your choices and controls

We do our best to give you as much choice as possible regarding the amount of information you provide to us and the control you have over that information. You may manage the content and information you share when you use Pindify through your account settings. You may also use the mobile or platform device settings for certain limitations. This also applies to your web browser, specifically to control cookies etc.

Exercising your rights

In some jurisdictions, including the EU/EEA, you may exercise any of the rights described in this section through the Help Center. Please note that we may ask you to verify your identity before taking further action on your request.

Data access and portability. You may be entitled to request copies of your personal information processed by us. This includes a right to request copies of personal information you have provided to us in machine-readable format.

Change or correct data. Where you cannot update data yourself through your Pindify account, you have the right to ask us to correct change, update or rectify any of your information.

Data retention and deletion. We generally retain data for as long as your Pindify account is in existence or as needed to provide the Marketplace. However, specific retention times can vary based on context of the processing we perform and on our legal obligations. You have the right to ask us to delete all or some of the personal data we hold about you. We may need to retain some of your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations, or where we have a legitimate interest in doing so (e.g. to prevent fraud and abuse and maintain and enhance security).

Restriction of processing. Under certain circumstances, you may have the right to limit the ways in which we use your personal information.

Withdrawing consent. Where you provide consent to the processing of your personal information by Pindify, you may withdraw your consent at any time by changing your account settings or by sending a communication to Pindify specifying the specific consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.

Lodging Complaints

You have the right to lodge complaints about the data processing activities carried out by Pindify before a competent data protection authority.

Contact Information

If you have questions or complaints about our practices or this Privacy Policy, please do not hesitate to contact us on dataprivacy@pindify.com

Changes to this Privacy Policy

We may update this Privacy Policy from time to time in our sole discretion. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Marketplace. Please be sure to periodically check this page to ensure that you are aware of any changes to this Privacy Policy.

Last updated: 25 May 2018


Terms of service

Welcome to Pindify. Please read this document carefully. Pindify S.A.R.L, trade register number B172939, with its registered office at 117, Val des Bons Malades, L-2121 Luxembourg (“Pindify”, “we” “us”, or “our”), operates an online marketplace on www.pindify.com (the “Pindify Site”) and other mobile applications and online services where users, creators and companies representing creators can listen, view, read, gather, publish and profit on art, texts, films, music and other content (collectively and including the Pindify Site, the “Pindify Service”).

By registering as a user or by using the Pindify Service in any way, you agree to be bound by these terms of service (the “Terms”) and to the use of your information as set forth in Pindify’s privacy policy, available at www.pindify.com/policies/privacy, Pindify’s cookies policy, available at www.pindify.com/policies/cookies as well as Pindify’s copyright and trademark policy, available at www.pindify.com/policies/copyright. If you do not wish to be bound by these Terms or Pindify’s abovementioned policies, do not use the Pindify Service. You also agree to be bound by all other operating rules, policies and procedures that may be published from time to time on the Pindify Service by Pindify, each of which is incorporated by reference into these Terms and each of which may be updated by Pindify from time to time without prior notice to you. In some aspects different terms and conditions may apply depending on the type of user you are.

If you represent a company, corporation or a legal entity other than yourself, you are, by accepting these Terms, agreeing on behalf of the entity ordering the Pindify Service, that the entity will be bound by and become a party to these Terms and certifying that you have the authority to bind the entity. If the entity does not agree to all of the Terms or if you do not have the authority to bind the entity to the Terms, do not select the “Accept” box upon registration or use the Pindify Service.

Section I - All users

1. USER REQUIREMENTS

You must be at least eighteen (18) years of age in order to use the Pindify Service or be at least thirteen (13) years of age and have your parent or legal guardian’s permission to use the Pindify Service. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. We may, at our sole discretion, refuse to offer the Pindify Service to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and any right to access the Pindify Service is revoked in such jurisdictions.

Notice to parents and legal guardians: When granting your child permission to use the Pindify Service, you agree to the Terms on behalf of your child. Consequently, it is your responsibility to monitor your child’s use of the Pindify Service. If your child is under thirteen (13) years of age or does not have your permission please contact us immediately so that we can disable his or her access.

2. LICENSE

2.1 Scope

As a User (defined in section 4.2), Pindify grants you a personal, non-transferable, non-exclusive, non-sublicensable and revocable license to use the Pindify Service for your own personal, non-commercial purposes in accordance with these Terms. The license shall remain in force until revoked either by you or Pindify. All parts of the Pindify Service are not accessible to all Users and may require registration and/or payment of applicable fees.

2.2 Restrictions

2.2.1 You may not use the Pindify Service for commercial purposes unless you are a registered Merchant or Publisher (defined in section 4.2), in which case you are only allowed to use the Pindify Service in accordance with these Terms.

2.2.2 You shall not, directly or indirectly: (a) sublicense, resell, rent, lease, distribute, market, commercialize or otherwise transfer rights or usage to the Pindify Service or any modified version or derivative work of the Pindify Service created by or for you; (b) provide the Pindify Service, or any modified version or derivative work of the Pindify Service created by or for you, on a timesharing, service bureau or other similar basis; (c) remove or alter any copyright, trademark or proprietary notice in the Pindify Service; (d) copy any features, functions or graphics of the Pindify Service; (e) use or modify the Pindify Service in any way that would subject the Pindify Service, in whole in or in part, to a copyleft license; (f) send, store, or authorize a third party to send or store spam, unlawful, infringing or libelous material, or malicious code; (g) attempt to gain unauthorized access to, or disrupt the integrity or performance of the Pindify Service; (h) use any of Pindify’s intellectual property protected by applicable laws and contained in or accessible through the Pindify Service for the purpose of building a competitive product or service or copying its features or user interface; (i) use the Pindify Service, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without Pindify’s prior written consent; or (j) use the Pindify Service to develop or enhance any open source version of the Pindify Service.

3. THIRD PARTY APPLICATIONS

The Pindify Service is integrated with third party applications, websites, and services (“Third Party Applications”). These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Pindify does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

4. REGISTRATION

4.1 Account

When you register for the Pindify Service you will be asked to create an account (“Account”). You shall upon registration of an Account, provide the account details, indicated at any given time in the registration form provided by Pindify. All details must be complete and accurate and you must notify us if the information changes.

4.2 User category

Upon registration of an Account, you may choose any of the following user categories: registered non-paying user (a “Browser”), registered paying user (a “Subscriber”), registered individual creator (a “Merchant”), or a registered company or corporation representing several individual creators (a “Publisher”). Unregistered visitors to the Pindify Service are called “Visitors”. All users in all user categories, including Visitors, are collectively referred to as “Users”. Different parts of these Terms apply to the different user categories. Please see www.pindify.com for details on current pricing and features.

4.3 Username

When creating an Account you will be asked to select a username for your Pindify Service profile. We do not care what name you choose as long as you do not (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a username at our sole discretion.

4.4 Security

You are solely responsible for all activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password. You shall never use another User’s Account without such other User’s express permission or allow others to use your Account. You shall immediately notify Pindify in writing of any unauthorized use of your Account, or of any other Account related security breach of which you become aware, and immediately change your password.

5. SUBSCRIPTION AND PURCHASES

5.1 Browser Account

Even if you are not charged for creating a Browser Account, Pindify may require payment for use of the Pindify Service at a later stage. In the event that you do not pay the requested fee for the Pindify Service, Pindify reserves the right to terminate your Account. Please note that your internet service providers' ordinary fees for e.g. data traffic apply when you use the Pindify Service.

5.2 Membership Accounts

5.2.1 In addition to offering the Browser Account, Pindify offers Subscriber, Merchant and Publisher Accounts (each a “Membership”). Please see our subscription pages for current Membership features and pricing. Features and prices are subject to change. You may elect to become a Subscriber, Merchant or Publisher on Pindify by paying the fee set out at the Pindify Site.

5.2.2 Only Subscribers, Merchants and Publishers are able to access content which a Merchant or a Publisher has marked as only accessible to paying Users (“Premium Content”).

5.3 Purchases from a Merchant or a Publisher

5.3.1 You may also purchase individual products and/or services from a Merchant or a Publisher through the Pindify Service, including, without limitation, purchases of content (including art, texts, films and digital music made available via download and streaming through the Pindify Service and physical merchandise). Each such purchase is a transaction between you and the Merchant or Publisher, as applicable (“Transaction”).

5.3.2 The Transaction constitutes a separate agreement between you and the Merchant or the Publisher, and Pindify is not a party to any such agreement. All inquiries regarding Transactions will be directed to the relevant Merchant or Publisher. Pindify is not responsible for refunds for Transactions, except as provided in these Terms. The Transaction may be governed by other terms and conditions that are presented to you at the time of purchase.

5.4 Cancellation and refunds

You have five (5) days after a purchase of a Membership to cancel and receive a full refund of your payment. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your Membership is later terminated by Pindify. If your Membership is terminated due to your breach of the Terms during the relevant cancellation period, you will not be refunded. If you have questions, please contact us. We do not issue partial refunds for unused time in a monthly billing cycle for which you have already paid.

5.5 Renewals

Subject to the Terms hereof, you may choose to renew your Membership at the end of the Membership period. By default, all Memberships are set to automatically renew for the same period of time as the original Membership period you subscribed for. You may decline to renew at any time prior to the commencement of a renewal subscription. Pindify reserves the right to deny subscriptions, renewals, and other purchases for any reason.

5.6 End of membership

When a Membership ends, the Account automatically becomes a Browser Account and Pindify may disable access to or delete any content uploaded by you to comply with the limitations for a Browser Account.

5.7 Price changes

Price changes for Membership fees will take effect at the start of the next Membership period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Pindify Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Pindify Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

5.8 Credit risk

You shall be solely responsible and liable for, and Pindify shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees (except for fees charged on Pindify’s PayPal account), credit card transaction fees, disputed payments, and refunds, except as provided in these Terms.

6. TERMINATION

6.1 These Terms remain in force until you or Pindify terminates them in either of the manners described below.

6.2 If you want to terminate your agreement with Pindify, you may do so by notifying us and terminating your Account. The notification shall be written and sent to us on accounts@pindify.com.

6.3 We may suspend or terminate your Account at any point in time or cancel our agreement with you and/or block or remove any content that you have submitted. If we delete your Account due to a violation of the Terms, you may not re-register for the Pindify Service. Pindify may block your email address and IP address to prevent further registration.

6.4 In the event that Pindify will no longer offer the Pindify Service in your country of residence or from which you are using the Pindify Service, we may at any time cancel our agreement with you.

6.5 Upon the termination of your Account and your agreement with us, you will no longer have access to your Account and all licenses granted by us will terminate, which may result in the forfeiture and destruction of all information associated with your Account, including, without limitation, any access to any Premium Content or Star Content (defined in section 20.3.1) you may have purchased through the Pindify Service. Your username and IP address may remain visible to other Users. Content submitted by you may no longer be available on the Pindify Service. We shall not be held liable for loss of such content.

6.6 All provisions of the these Terms which by their nature shall survive termination, including, but not limited to provisions regarding ownership, warranty disclaimers, indemnity and limitation of liability, shall remain in force after termination.

7. POSTING AND SHARING OF CONTENT

7.1 User Submissions

7.1.1 As a User on the Pindify Service, you may add, create, upload, submit, distribute, share or post (“Submitting” or “Submission”) content, videos (including music videos), audio clips (including music), written comments, data, text, photographs, software, scripts, graphics, or other information to the Pindify Site (collectively, the “User Submissions”). By Submitting User Submissions on the Pindify Site or otherwise through the Pindify Service, you acknowledge that you may be identified publicly by your User ID in association with any such User Submission.

7.1.2 All User Submissions which include the posting of new content to the Pindify Service is done through the creation of a card, containing information on the type of content, a brief description, tags, privacy settings and for Merchants and Publishers the option to mark whether or not the content is provided for free (“Card”). The options available on a Card may vary from time to time.

7.2 License to Pindify

7.2.1 By making a User Submission, you hereby grant to Pindify a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, modify, reproduce, distribute, transmit, transcode, prepare derivative works of, communicate to the public (e.g. display or perform), synchronize and otherwise fully exploit the User Submissions and (if applicable) the Merchant’s or Publisher’s name, trademark, likenesses and personal and biographical materials, in connection with the Pindify Service, including without limitation for promoting and redistributing part or all of the Pindify Service (and derivative works thereof), in any media formats and through any media channels (including, without limitation, third party websites), whether now known or hereafter developed. The above licence shall include associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text.

7.2.2 For clarity, the foregoing license grant to Pindify does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.

7.3 License to other Users

You grant each User of the Pindify Service a worldwide, non-exclusive, non-transferable license to access your User Submissions through the Pindify Service, and to use, edit, modify, reproduce (on any and all devices owned or controlled by the User), distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.

7.4 Pindify’s right to control all User Submissions

7.4.1 Pindify may at its sole discretion delete, edit, modify, reformat, excerpt, or translate any User Submission submitted by you. Pindify may also remove or block any User Submission from the Pindify Service. All information publicly posted or privately transmitted through the Pindify Service is the sole responsibility of the User from which such content originated. Pindify does not endorse or support any User Submission or any opinion, recommendation or advice expressed in a User Submission. Pindify will not be liable for any errors or omissions in any content and Pindify cannot guarantee the identity of any other Users with whom you may interact in the course of using the Pindify Service.

7.4.2 Pindify retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Pindify Service or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Pindify Site, or for any other reason in the sole and absolute discretion of Pindify, and to correct any inaccurate listing or technical problems on the Pindify Service. Pindify may carry out the abovementioned actions without prior notice and this does not lead to any liability for Pindify.

7.5 Content guidelines

7.5.1 You agree that the Pindify Service contains content specifically provided by Users or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Pindify Service.

7.5.2 For all of your User Submissions, you represent and warrant:

(i) that you have and will continue to have the right and all appropriate licenses, rights and consents needed to submit the content in your User Submission and for Pindify to use you User Submission when providing the Pindify Service, and to grant the licenses set forth in section 7;

(ii) that Pindify will not be required to pay any royalties or other compensation to any third party or acquire a license;

(iii) that the use or other exploitation of such User Submissions by Pindify and Users as contemplated by these Terms will not infringe or violate the rights of any third party; and

(iv) that the content complies with these Terms and all applicable laws.

7.5.3 By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Pindify Service, including without limitation any User Submission, that:

- you are not the creator and/or owner of all rights to, or that you do not have the creator’s and/or owner’s consent to publish, post, transfer, distribute or upload to the Pindify Service;

- is false, misleading, untruthful or inaccurate;

- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;

- involves commercial activities and/or sales without Pindify’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Pindify or any third party; or

- includes links to any third party website containing information which would be regarded as in breach of these Terms if provided in the Pindify Service directly.

7.6 Usage guidelines

7.6.1 In addition to the content guidelines, you shall behave in a civil and respectful manner at all times. Consequently, you shall not:

- impersonate any person or entity, including any employee or representative of Pindify, including use of the account or username of another User at any time;

- conduct unauthorized or unsolicited advertising, post junk or bulk email;

- harm or exploit people in a sexual or violent manner;

- attack sexual orientation or religion or discriminate in any other way;

- circumvent or modify or encourage or assist any other person in circumventing or modifying security measures and security technology that forms part of the Pindify Service, nor attempt to do any of the foregoing;

- use software that reads or adds data on the Pindify Service automatically;

- use the Pindify Service to request or encourage other Users to breach any provision of these Terms or abuse the Pindify Service or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through the Pindify Service, using the Pindify Service for illegal file sharing activities, or using the Pindify Service in a manner which violates or infringes the rights of anyone else).

7.6.2 Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Pindify in its sole discretion) an unreasonable or disproportionately large load on Pindify’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Pindify Service or any activities conducted on the Pindify Service; (iii) bypass any measures Pindify may use to prevent or restrict access to the Pindify Service (or other accounts, computer systems or networks connected to the Pindify Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Pindify Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Pindify Site.

7.6.3 Please note that in the event that you make any User Submission available on a third party website or application (and not directly on the Pindify Service), that User Submission may become subject to other parties’ privacy policies and user terms and conditions.

7.6.4 Accessing the Pindify Service is prohibited from territories where such a User Submission is illegal. If you access the Pindify Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You understand and agree that you may be exposed to content which is incorrect, offensive, indecent or otherwise objectionable. You hereby waive the right to invoke any legal rights you have or may have against Pindify attributable to such content, to the extent permitted by applicable law.

8. COPYRIGHT AND TRADEMARK INFRINGEMENT

If you believe or suspect that any material available through the Pindify Service is in breach of these Terms or infringes your intellectual property rights, you may report such material to Pindify. Please see Pindify’s Copyright and Trademark Policy and follow the steps provided.

9. CONTENT AVAILABILITY

9.1 Content you purchase or subscribe to in a Transaction cannot be guaranteed to be available to you perpetually through the Pindify Service. For example, if we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific content, then the law may require us to remove that content from the Pindify Service and not make it available for future sale and we may also have to deny continued access to anyone who previously has purchased such content. This means that you may lose access to purchased or subscribed content previously available to you through the Pindify Service.

9.2 If Pindify is required by law to deny access through the Pindify Service to previously purchased Premium Content, including by removing access to content from a User’s personal collection through any mobile application, then Pindify, Merchants or Publishers will not provide the User who purchased or subscribed to that Premium Content with a refund, except as required by applicable law. Users bear all risk from the denial of access to any Premium Content purchased or subscribed through the Pindify Service.

10. DISCLAIMERS

10.1 Pindify reserves the right to modify the Pindify Service. You are responsible for providing your own access (e.g. computer, mobile device, Internet connection, etc.) to the Pindify Service. Pindify has no obligation to screen or monitor any content and does not guarantee that any content available on the Pindify Service complies with these Terms or is suitable for all Users.

10.2 Pindify provides the Pindify Service on an “as is” and “as available” basis. You therefore use the Pindify Service at your own risk. Pindify expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Pindify makes no representations or warranties:

- That the Pindify Service will be permitted in your jurisdiction;

- That the Pindify Service will be uninterrupted or error-free;

- Concerning any content submitted by any User;

- Concerning any third party's use of content that you submit;

- That any content you submit will be made available on the Pindify Service or will be stored by Pindify;

- That any content or software available at or through the Pindify Service is free of viruses or other harmful components;

- That the Pindify Service will meet your business or professional needs;

- That Pindify will continue to support any particular feature of the Pindify Service; or

- Concerning sites and resources outside of the Pindify Service, even if linked to from the Pindify Service.

10.3 To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Pindify Service, and no warranties shall apply after such period.

10.4 If you are under the jurisdiction of the law of the United States, you hereby agree to the following in regard to the Electronic Communications Privacy Act (18 U.S.C. §§ 2701-2711): Pindify makes no guaranty of confidentiality or privacy of any communication or information transmitted through the Pindify Service. Pindify will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Pindify’s equipment, transmitted over networks accessed by the Pindify Site, or otherwise connected with your use of the Pindify Service.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All intellectual property rights in and to the Pindify Service including but not limited to copyrights to the interface and design, database rights, patents, trademarks and trade names (whether registered or not), in and related to the Pindify Service as such is the property of Pindify or its business partners.

11.2 All brand, product and service names used in the Pindify Service which identify Pindify or third parties and their products and services are proprietary marks of Pindify and/or the relevant third parties. Nothing in the Pindify Service shall be deemed to confer on any person any license or right on the part of Pindify or any third party with respect to any such image, logo or name.

12. INDEMNIFICATION

You agree to defend, hold harmless and indemnify Pindify and its affiliates, directors, officers, employees, and agents from and against any claims, costs (including properly incurred legal costs and other advisers’ fees), damages, expenses, liabilities and losses, that (i) arise in any manner whatsoever in relation to your activities on the Pindify Service, (ii) assert a violation by you of any term of these Terms; or (iii) assert that any content you submitted to the Pindify Service violates any law or infringes any third party right, including any intellectual property or privacy right. This indemnity shall, for the avoidance of doubt, include all claims by a third party owning, controlling or claiming any right in or to User Submissions, including claims for performance royalties, synchronization royalties, mechanical royalties, and use or re-use fees.

13. LIMITATION OF LIABILITY

13.1 Pindify does not endorse and has no control over any User Submission. Pindify cannot guarantee the authenticity of any data which Users may provide about themselves. You acknowledge that all content accessed by you using the Pindify Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

13.2 To the fullest extent permitted by applicable law Pindify, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors shall not be liable to Users or any third party for any direct damages, indirect damages or any other damages of any kind, including but not limited to lost data, lost capital, lost profits, lost income, lost revenue, business interruption, damages for goodwill, procurement of substitute services, arising out of or in connection with these Terms or the use or inability to use the Pindify Service.

13.3 To the extent Pindify is liable to you for any damages, Pindify’s aggregate liability to you, whether for negligence, breach of contract or any other cause of action or omission shall be limited to the aggregate fees relating to the Pindify Service that you have paid to Pindify during the twelve (12) months preceding the event causing the damage.

13.4 You are solely responsible for your interaction with other Users or third parties through the Pindify Service. Pindify is not responsible of any disputes between you and other Users or third parties and shall not be involved in such disputes.

14. TRANSACTIONS

14.1 Because Pindify is not the buyer or seller in any Transaction, if a dispute arises between the participants in a Transaction, then you release Pindify (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

14.2 If you are a California resident, then you waive the California civil code §1542, which says: “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.” You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of these Terms, and that without such waiver, these Terms would not have been entered into by Pindify.

14.3 Because Pindify is not the buyer or seller in any actual Transaction between Users and a Merchant or a Publisher and is not the agent of either for any purpose, Pindify does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction. Merchants and Publishers are individually responsible for compliance with all consumer rights laws applicable to their Transactions, including EU Consumer Rights Laws.

15. CONTACT

Should you have any questions regarding the Pindify Service or these Terms, you may at any time contact Pindify at info@pindify.com.

16. MISCELLANEOUS

16.1 These Terms, including Pindify’s at any time applicable policies, are the entire agreement between you and Pindify with respect to the Pindify Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pindify with respect to the Pindify Service.

16.2 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

16.3 The failure of Pindify to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

16.4 Pindify shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pindify’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

16.5 These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Pindify's prior written consent. Pindify may assign, transfer or delegate any of its rights and obligations hereunder without consent.

16.6 No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

16.7 In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

16.8 All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

17. MODIFICATION

You acknowledge and agree to that Pindify reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms, or change, suspend, or discontinue the Pindify Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Pindify Site or by sending you an email. It is your responsibility to check these Terms periodically for changes. Your continued use of the Pindify Service following the posting of any changes to these Terms constitutes acceptance of those changes. Notwithstanding the preceding sentences of this section, no modifications to these Terms will apply to any dispute between you and Pindify that arose prior to the date of such modification.

18. DISPUTES AND GOVERNING LAW

18.1 The Terms and any non-contractual obligations arising out of or in connection with it shall be governed by and construed and interpreted under the laws of Sweden, excluding its conflict of law rules, unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction.

18.2 Any dispute, controversy or claim arising out of or in connection with these Terms or any non-contractual obligation arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.

18.3 The seat of arbitration shall be Göteborg and the language to be used in the arbitral proceedings shall be English. We and you shall not without compelling reasons disclose information about the negotiations, mediation or arbitration proceedings under these Terms, or information about the existence or content of an arbitration award that results from a dispute under these Terms.

Section II - Merchants and Publishers

The following terms and conditions only apply to Merchants and Publishers.

19. USER SUBMISSIONS BY MERCHANTS AND PUBLISHERS

19.1 In addition to the options available for Browsers and Subscribers, Merchants and Publishers may choose to make their Cards available only to Subscribers or other Merchants and Publishers, by marking the content as Premium Content.

19.2 The Merchant or Publisher may also list another Merchant or Publisher as a “writer”, “producer” and/or “creator”, or under any other title where provided for in the Pindify Service. Users interacting together by sharing the same Card split any recorded earnings according to the percentage distribution setting made by the uploading User. The functions of Cards and the content visible may vary depending on under which title a User is invited.

19.3 Users sharing a Card shall, before the Card is uploaded, enter into a separate agreement that regulates the rights and obligations between the Users. For convenience, Pindify provides a possibility for the Users to communicate, distribute and accept the terms of such an agreement through the Pindify Service. For each User Submission containing a Card, the Users that share the content of the Card may insert information about the split of revenues and ownership interest in a digital split sheet, which shall then be part of the separate agreement between the Users. The Users are responsible for that information entered in the split sheet is correct and any disputes in this regard, or otherwise in regard to the Users’ separate agreement, shall be resolved between the Users, without any involvement of Pindify.

19.4 The status of a Card can be changed from “Free” to “Earn” or “Promote” and “Public” or “Private”, or to any other status where provided for in the Pindify Service.

20. EARNINGS FOR MERCHANTS AND PUBLISHERS

20.1 There are four types of income available for a Merchant or a Publisher: Subscription Income, Trading Income, Branding Income and Fundraising Income.

20.2 Subscription Income

20.2.1 Subscription Income is based on other Users’ monthly Membership fees and is divided into three parts:

“Invite” is when a User who has listed you as the inviter to the Pindify Service pays the fee to become a paying member, i.e. a Subscriber, Merchant or Publisher.

“Subscription” is when a User follows your Merchant or Publisher portfolio.

“Consumption” is when a User reads, views or listens to a Card containing Premium Content uploaded to the Pindify Service by you.

20.2.2 The Subscription Income is divided and calculated as follows:

• 2.32 USD is paid to you for the Invite of a User, if you are a Merchant or a Publisher, each month that the User is paying the Membership fee. If the paying User registers without an Invite, the 2.32 USD is instead split and added to the amounts distributed through Subscription and Consumption.

• Up to 2.50 USD per month is paid to the Merchant or Publisher per Subscription. The 2.50 USD is distributed among all the Merchant or Publisher portfolios followed by that User.

• Up to 4.50 USD per month is paid for Consumption of the Merchant’s or Publisher’s Premium Content. The distribution of the 4.50 USD is determined by an algorithm factoring in, e.g. the number of listens and the length of the consumption.

20.3 Trading income

20.3.1 A Merchant or a Publisher may upload Cards containing content which is not available for any User unless they pay a onetime fee (“Star Content”). Access to Star Content requires the entering into of a Transaction between the owner of the Card and the User requesting access to the Star Content. The owner of the Star Content sets its own prices for Star Content and enters into a standalone Transaction with the User. Prices for Star Content may be changed at the Merchant’s or Publisher’s sole discretion.

20.3.2 Pindify is entitled to a share of [xx] per cent of the revenue a Merchant or a Publisher receives from Transactions (the “Revenue Share”), which shall be calculated on the gross revenue from Transactions, not including any Transactions for which you or we provide a refund.

20.3.3 Payments received from Users for Transactions shall be directed to you, provided however that if there is an outstanding Revenue Share owed to Pindify by you, then such payments may be directed to Pindify to cover the amount owed to Pindify at the applicable time. Pindify may retain funds otherwise payable to you if Pindify is required or chooses to provide a refund on your behalf.

20.3.4 Pindify may redistribute previously purchased copies of your products to Users who have, in Pindify’s sole determination, received a corrupted copy of your product, an incorrect file format version of your product, an incomplete copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction, on a no-fee basis to the User (i.e. the User is not charged a new fee for the redistribution). Such redistribution may be effectuated by allowing a User to redownload a replacement copy themselves. A User will also be permitted to redownload any previously purchased Star Content from a Publisher or Merchant. In the event of any of the foregoing redistributions, no additional payments shall be made to you for such redistributions.

20.4 Branding Income

Branding is an option for Merchants to select offers from companies whose marketing segments matches the analytics of the merchant. The offers’ payouts are based on views, clicks, actions and Transactions. The branded media includes images, text, audio, pre-videos and links.

20.5 Fundraising Income

Provides easy access for supporters to donate or crowdfund Merchants. The Cards can connect venues with bookings and events with fans, by simply being displayed on the market. Promoting the Cards will provide even higher possible returns.

20.6 Payments from Pindify

Pindify will distribute the Merchant’s or Publisher’s accrued earnings from Subscription Income, Branding Income, Trading Income and Fundraising Income, calculated in accordance with these Terms, within thirty (30) days of the end of each month in which such revenue was earned. Pindify will make the payments to the Merchant’s or Publisher’s specified PayPal account or other payment methods offered by Pindify.

21. PUBLISHER AGREEMENTS

21.1 A Publisher has the option of connecting one or more Merchants to the Publishers Account through an agreement (“Publisher Agreement”). A Publisher Agreement shall govern the term and the split of revenues between Publisher and the relevant Merchant. For convenience, Pindify provides a possibility for the Publisher and Merchant to communicate, distribute and accept the terms of the Publisher Agreement through the Pindify Service. The Publisher and the Merchant are responsible for ensuring that the information entered is accurate and any disputes in regard to the Publisher Agreement shall be resolved between the Publisher and the Merchant, without any involvement of Pindify.

21.2 The information provided in the Publisher Agreement will not be visible in the Pindify Service to other Users than the relevant Publisher and Merchant.


Pindify General Terms for Providers

This version of the General Terms was issued: 25 May 2018

Application

These Pindify General Terms for Providers (the “General Terms”) apply as the mutual understanding and agreement between Pindify S.à.r.l. (“Pindify”) and the provider of Content to the Pindify Marketplace (each as defined below) (the “Provider”). When creating an account and becoming a Provider and by providing and linking content to the social media platform developed and owned by Pindify for sharing and gaining access to the content therein (the “Pindify Marketplace”), the Provider acknowledge to have read and understood these General Terms and undertakes abide by what is set forth herein.

Pindify offers a range of membership alternatives for Providers, as further displayed on the Pindify website and which may be amended from time to time. If not otherwise stipulated elsewhere, these General Terms shall apply on all such memberships.

Pindify shall have the right, in its sole discretion, to amend, adjust and modify the General Terms from time to time which shall apply immediately without any notice.

Pindify may from time to time release updates and new versions of the Pindify Marketplace or services related thereto, which shall be subject to these General Terms and any additional terms that may be specifically released for such features.

1. Terms of use

1.1 The Pindify Marketplace enables the Provider to communicate and post content within the arts and media world, including without limitation audio and music, images and pictures, video, text, messages and other material (“Content” which can be seen by other users of the Pindify Marketplace.

1.2 The above right is conditional upon the Provider’s strict compliance with these General Terms and any and all other terms of use, guidelines, codes or otherwise as issued by Pindify from time to time, including, without limitation, the following;

(i) The Provider is and shall remain registered for applicable corporate tax (corporate tax card), value-added tax (if applicable), social security fee and any other applicable tax or charges.

(ii) The Provider or, as the case may be, the ultimate beneficiary of the Provider shall be of at least [18] years of age.

(iii) The Provider shall not use the Pindify Marketplace to upload Content that is abusive, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Pindify’s discretion.

(iv) The Provider shall not use the Pindify Marketplace to upload Content that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right. The Provider guarantees that it has all the rights and necessary approvals to upload the Content and that Pindify can use such Content in any media in any part of the world without any payment or obligation to the Provider or any third person. The Provider further guarantees that the availability or publishing of any such Content as part of Pindify Marketplace will not cause Pindify to infringe the rights of any third party or to be in breach of any applicable law or regulation.

(v) The Provider shall not use the Pindify Marketplace to upload Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Pindify’s opinion.

(vi) The Provider shall not use the Pindify Marketplace to upload Content that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Pindify Marketplace or servers or networks forming part of, or connected to, the Pindify Marketplace, or which does or might restrict or inhibit any other user's use and enjoyment of the Pindify Marketplace.

(vii) The Provider shall not use the Pindify Marketplace for any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(viii) The Provider shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

(ix) The Provider shall not deliberately impersonate any person or entity or otherwise misrepresent its affiliation with a third party, for example, by registering an account in the name of a third party or uploading Content using the name of another person.

(x) The Provider shall not sell or transfer, or offer to sell or transfer, its Pindify account to any third party without the prior written consent of Pindify.

(xi) The Provider shall not copy the Pindify Marketplace.

(xii) The Provider shall only post, issue or provide advertisement in the Pindify Marketplace, including any Content which, directly or indirectly, contain advertising materials, provided that such advertisement does not violate, breach or is contrary to any law, rule, regulation, court order or otherwise illegal, unlawful or inappropriate in Pindify’s opinion. Without limiting the generality of the foregoing, advertisements should be clearly disclosed as being sponsored ads.

2. Representations and warranties

2.1 The Provider represent and warrants as follows:

(i) The Content and the availability of the Content on the Pindify Marketplace does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

(ii) The Provider has obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in the Content.

(iii) The Content, including any comments posted on the Pindify Marketplace, is not and will not be unlawful, abusive, libelous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.

(iv) The Content does not and will not create any liability on Pindify, its subsidiaries, affiliates, successors, and assignees, and their respective employees, agents, directors, officers and/or shareholders.

3. Pindify responsibility and third party Content

3.1 Pindify will take reasonable actions in accordance with market practice to ensure high standards concerning data security, the running and quality concerning the Pindify Marketplace. However, the Pindify Marketplace is provided “as is” without any warranties, expressed or implied, including, without limitation, implied warranties of merchantability, functions, security, quality, service level, availability, reliability and non-infringement.

3.2 The Provider is responsible for the accuracy of the Content that is uploaded or linked to the Pindify Marketplace. Pindify accepts no liability for any loss or liability arising as a result of the accuracy, completeness or usefulness of information available on or through the Pindify Marketplace.

3.3 Any arrangement made between the Provider and any third party relating to Content in the Pindify Marketplace is at the Provider’s sole risk and responsibility.

4. Data privacy

4.1 Pindify may use the Provider’s personal data for administration, reimbursement, and internal evaluation purposes and Pindify shall process the personal data to the extent necessary to fulfill Pindify’s duties and for the purpose of Pindify’s legitimate interest. Pindify may share the personal data with Pindify’s service providers. Such sharing may include transfer to third countries, i.e. countries outside the EU/EES area. When transferring the personal data to third countries, Pindify shall ensure that the transfer is subject to appropriate safeguards and that the Provider’s rights are protected pursuant to mandatory laws. When processing of the personal data is no longer necessary in relation to the purpose for which it was collected Pindify shall erase the personal data. The Provider has the right to access the personal data that Pindify processes and to request that Pindify rectifies any inaccurate personal data and under certain circumstances request erasure and/or restriction of processing of the personal data. Pindify has the right to object to processing and to receive the processed personal data in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller. The Provider also have the right to lodge a complaint to the supervisory authority regarding how Pindify processes such personal data.

Pindify’s processing of personal data is further set out in the Privacy Policy, as amended from time to time.

5. Breach and remedy

5.1 In case of acts in breach of these General Terms, including any other rules issued by Pindify from time to time, Pindify reserves the right to, in its sole discretion, remove or adjust any Content which Pindify, in its sole discretion, considers does not comply with these General Terms, and to disable, partially disable, modify, or delete any or all of the Provider’s accounts, block its IP address or electronic device from accessing the Pindify Marketplace or in any other lawful way partially or fully restrict the Provider’s access to the Pindify Marketplace. This shall not limit Pindify’s right to take any other action against the Provider that Pindify consider appropriate to defend its rights or those of any other person.

5.2 The Provider undertakes to indemnify and hold Pindify harmless, including Pindify’s successors, assigns, affiliates, agents, directors, officers, employees and shareholders, from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any breach by the Provider of what is set forth herein.

6. Compensation

6.1 Pindify offers a range of membership alternatives which are all described on the Pindify website. As further provided for therein the Provider fully understands that not all of the membership alternatives entitle the Provider for compensation as set forth below.

6.2 The Provider is entitled to compensation from Pindify as set forth on the Pindify website (the “Compensation”). Such terms regarding the Compensation may be amended by Pindify from time to time in its sole discretion.

6.3 The compensation set forth in this Section 6 shall be the Provider’s sole and exclusive form of compensation for providing and linking Content to the Pindify Marketplace. Without limiting the generality of the aforementioned:

(i) Pindify shall not reimburse the Provider for any applicable taxes, social security payments or any business out of pocket expenses (including any taxes, charges or licenses fees); and

(ii) The Provider hereby waive any and all claims, present or future, for additional compensation, including any variations of royalties, license fees and severance pay pursuant to any applicable law, rules or regulations.

6.4 Pindify shall pay the Provider the Compensation no later than the end of the month following the month where Pindify has received membership payment from the Subscribers. This payment obligation is however subject to (i) the minimum limit meaning that Pindify shall only pay the Compensation if the accrued and due Compensation exceeds the amount of USD fifty (50), and (ii) the maximum limit meaning that Pindify shall only be obliged to pay a maximum monthly amount equivalent to USD five thousand (5,000). Payments in excess of such maximum limit shall be subject to any procedures and routines as reasonably requested by Pindify finance department. Any and all transactional and administrative costs relating to the Compensation and the payment thereof shall be borne by the Provider and therefore be deducted from the Compensation prior to payment to the Provider.

6.5 Right to Compensation shall terminate automatically when the Provider’s Content, for whatever reason, is removed from the Pindify Marketplace or when the Provider, for whatever reason, no longer is a Provider to the Pindify Marketplace.

6.6 Prices for memberships in the Pindify Marketplace are available on the Pindify Marketplace website and Pindify has the right, at its sole discretion and at any time, to adjust the membership prices, the calculation of the Compensation and other terms from time to time.

7. Intellectual property rights

7.1 When providing Content to the Pindify Marketplace the Provider grants Pindify a royalty-free, non-exclusive and worldwide license, with a right to sub-license, to use, display and distribute the Content on the Pindify Marketplace.

7.2 The Provider also grants to other users of the Pindify Marketplace a royalty-free, non-exclusive and worldwide license to access the Content and to consume, use, share, download, purchase, record, livestream, copy and display the Content in accordance with the terms of use concerning the Pindify Marketplace as applicable from time to time.

8. Confidentiality

8.1 The Provider undertakes not to disclose to any third party information regarding the General Terms, nor any other information which the Provider has received from Pindify, whether written or oral and irrespective of form (“Confidential Information”). The Provider agrees and acknowledges that the Confidential Information may be used solely for the fulfilment of the obligations under the General Terms and not for any other purpose. The Provider further agrees to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information as it uses with respect to its own confidential and/or proprietary information.

8.2 This confidentiality undertaking does not apply to information which;

(i) at the date of its disclosure is in the public domain or at any time thereafter comes into the public domain (other than by breach of the General Terms); or

(ii) the Provider can evidence was in its possession or was independently developed at the time of disclosure and was not obtained, directly or indirectly, by or as a result of breach of a confidentiality obligation.

8.3 This confidentiality undertaking shall not apply to the extent that the Provider is required to make a disclosure of information by law or pursuant to any order of court or other competent authority or tribunal or by any applicable stock exchange regulations or the regulations of any other recognized market place. In the event that the Provider would be required to make any such disclosure, the Provider undertakes to give Pindify immediate notice prior to any such disclosure, in order to make it possible for Pindify to seek an appropriate protective order or other remedy. The Provider also agrees and undertakes to use all reasonable efforts to ensure that any information disclosed under this Section, to the extent possible, shall be treated confidentially by anyone receiving such information.

9. Contact and notices

9.1 Any questions, comments, complaints or issues concerning Pindify, these General Terms and the Pindify Marketplace may be directed to Pindify as set forth on its website. www.pindify.com.

10. Miscellaneous

10.1 These General Terms represent the entire understanding between Pindify and the Provider with respect to its subject matter and supersedes any previous communication or agreements that may exist, whether written or oral.

10.2 The invalidity or unenforceability of any term of these General Terms shall not adversely affect the validity or enforceability of the remaining terms. The General Terms shall be given effect as if the invalid or unenforceable term had been replaced by a term with a similar economic effect.

11. Governing law and disputes

11.1 These General Terms shall be construed in accordance with and be governed by the laws of Luxembourg, without reference to the conflict of law provisions.

11.2 Any claim arising between the Parties in respect of the Agreement shall be settled according to the laws of the Grand Duchy of Luxembourg and subject to the jurisdiction of the District Court of Luxembourg.


TERMS OF SERVICE FOR SUPPORTERS

This version of the terms was issued: 25 May 2018

Application

These Terms of Service for Supporters (the “Terms”) apply as the mutual understanding and agreement between Pindify S.à.r.l (“Pindify”) and the user who subscribes and gains access to the social media platform developed and owned by Pindify (the “Pindify Marketplace”) in order to further gain access to the Content therein (as defined below) (the “Supporter”).

When registering as a user or by using the Pindify Marketplace in any way and thus becoming a Supporter, the Supporter acknowledge to have read and understood these Terms and agree to be bound by these Terms, including any and all other terms of use, policies, guidelines, codes or otherwise issued by Pindify from time to time on the Pindify Marketplace (hereafter also included in the definition “Terms”).

Pindify shall have the right, in its sole discretion, to amend, adjust and modify the Terms from time to time which shall apply immediately without any notice.

If the Supporter is a company, corporation or a legal entity, the natural person accepting to these Terms specifically certifies that he/she has the authority to represent and bind such entity and that the entity shall be bound by and become a party to these Terms.

Pindify may from time to time release updates and new versions of the Pindify Marketplace or services related thereto, which shall be subject to these General Terms and any additional terms that may be specifically released for such features.

1. TERMS OF USE

1.1 The Pindify Marketplace enables the Supporter to communicate and gain access to content within the arts and media world, including without limitation audio and music, images and pictures, video, text, messages and other material (“Content”) which has been provided and made available through the Pindify Marketplace by other users (the “Providers”).

1.2 The above right is conditional upon the Supporter’s strict compliance with these Terms, including, without limitation, the following;

(i) The Supporter or, as the case may be, the ultimate beneficiary of the Supporter must be of at least eighteen (18) years of age or be at least thirteen (13) years of age and have its parent or legal guardian’s permission. In case of the latter, such parent or legal guardian agrees to these Terms on behalf of its child.

(ii) All details and information submitted when creating an account to become a Supporter shall be complete and accurate. Any changes to such information shall be notified to Pindify without delay.

(iii) The Supporter shall not use the Pindify Marketplace to act in a way that may be seen as abusive, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Pindify’s discretion.

(iv) The Supporter shall not use the Pindify Marketplace to act in a way that may be deemed to violate, breach or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Pindify’s opinion.

(v) The Supporter shall not use the Pindify Marketplace to upload any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Pindify Marketplace or servers or networks forming part of, or connected to, the Pindify Marketplace, or which does or might restrict or inhibit any other user's use and enjoyment of the Pindify Marketplace.

(vi) The Supporter shall not use the Pindify Marketplace for any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) The Supporter shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

(viii) The Supporter shall not deliberately impersonate any person or entity or otherwise misrepresent its affiliation with a third party, for example, by registering an account in the name of a third party, communicating or otherwise using the name of another person.

(ix) The Supporter shall not sell or transfer, or offer to sell or transfer, its Pindify account to any third party without the prior written consent of Pindify.

(x) The Supporter shall not copy the Pindify Marketplace.

(xi) The Supporter shall only post, issue or provide advertisement in the Pindify Marketplace, which, directly or indirectly, contain advertising materials, provided that such advertisement does not violate, breach or is contrary to any law, rule, regulation, court order or otherwise illegal, unlawful or inappropriate in Pindify’s opinion. Without limiting the generality of the foregoing, advertisements should be clearly disclosed as being sponsored ads.

2. PINDIFY RESPONSIBILITY AND LIMITATION OF LIABILITY

2.1 Pindify will take reasonable actions in accordance with market practice to ensure high standards concerning data security, the running and quality concerning the Pindify Marketplace. However, the Pindify Marketplace is provided “as is” without any warranties, expressed or implied, including, without limitation, implied warranties of merchantability, functions, security, quality, service level, availability, reliability and non-infringement.

2.2 The Supporter acknowledge that all Content provided on the Pindify Marketplace is provided by other third parties and Providers and that Pindify has no control over the Content. Pindify accepts no liability for any loss or liability arising as a result of the Content or the accuracy, completeness or usefulness of information available on or through the Pindify Marketplace.

2.3 To the fullest extent permitted by applicable law Pindify, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors shall not be liable to the Supporter or any third party for any direct damages, indirect damages or any other damages of any kind, including but not limited to lost data, lost capital, lost profits, lost income, lost revenue, business interruption, damages for goodwill, procurement of substitute services, arising out of or in connection with these Terms or the use or inability to use the Pindify Marketplace.

2.4 To the extent Pindify is liable to the Supporter for any damages, Pindify’s aggregate liability, whether for negligence, breach of contract or any other cause of action or omission shall be limited to the aggregate fees relating to the Supporter’s use of the Pindify Marketplace that the Supporter has paid to Pindify during the twelve (12) months preceding the event causing the damage.

2.5 The Supporter is solely responsible for its interaction with other users or third parties through the Pindify Marketplace. Pindify is not responsible of any disputes between the Supporter and other users or third parties and shall not be involved in such disputes.

3. DATA PRIVACY

3.1 Pindify may use the Supporter’s personal data for administration, reimbursement, and internal evaluation purposes and Pindify shall process the personal data to the extent necessary to fulfill Pindify’s duties and for the purpose of Pindify’s legitimate interest. Pindify may share the personal data with Pindify’s service providers. Such sharing may include transfer to third countries, i.e. countries outside the EU/EES area. When transferring the personal data to third countries, Pindify shall ensure that the transfer is subject to appropriate safeguards and that the Supporter’s rights are protected pursuant to mandatory laws. When processing of the personal data is no longer necessary in relation to the purpose for which it was collected Pindify shall erase the personal data. The Supporter has the right to access the personal data that Pindify processes and to request that Pindify rectifies any inaccurate personal data and under certain circumstances request erasure and/or restriction of processing of the personal data. The Supporter has the right to object to processing and to receive the processed personal data in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller. The Supporter also have the right to lodge a complaint to the supervisory authority regarding how Pindify processes such personal data.

Pindify’s processing of personal data is further set out in the Privacy Policy, as amended from time to time.

4. BREACH AND REMEDY

4.1 In case of acts in breach of these Terms, including any other rules issued by Pindify from time to time, Pindify reserves the right to, in its sole discretion, remove or adjust any communication, information or otherwise, which Pindify, in its sole discretion, considers does not comply with these Terms, and to disable, partially disable, modify, or delete any or all of the Supporter’s accounts, block its IP address or electronic device from accessing the Pindify Marketplace or in any other lawful way partially or fully restrict the Supporter’s access to the Pindify Marketplace. This shall not limit Pindify’s right to take any other action against the Supporter that Pindify consider appropriate to defend its rights or those of any other person.

4.2 The Supporter undertakes to indemnify and hold Pindify harmless, including Pindify’s successors, assigns, affiliates, agents, directors, officers, employees and shareholders, from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any breach by the Supporter of what is set forth herein.

5. FEES

5.1 Pindify offers a range of membership alternatives which are all described on the Pindify website. As further provided for therein the Supporter fully understands that not all of the membership alternatives entitle the Supporter full access to the Content, services and applications in the Pindify Marketplace.

5.2 Pindify charges fees for subscription to and usage of the Pindify Marketplace, which are specified on the Pindify website (the “Fee”). The Supporter hereby agrees to pay the Fee, as applicable from time to time, to Pindify as set forth on the Pindify website. The terms and conditions regarding the Fee may be amendment by Pindify from time to time in its sole discretion.

5.3 The Fee will be charged through the payment method and in the currency specified in the Supporter’s account or on the Pindify website. All Fees are non-refundable.

6. INTELLECTUAL PROPERTY RIGHTS AND LICENSE

6.1 All intellectual property rights in and to the Pindify Marketplace including but not limited to copyrights to the interface and design, database rights, patents, trademarks and trade names (whether registered or not), in and related to the Pindify Marketplace as such is the property of the Providers or Pindify and its business partners. Through the Pindify Marketplace, the Providers have, as applicable, granted the Supporter a personal, non-transferable, non-sublicensable, royalty-free, non-exclusive, worldwide and revocable license to access the Content and to consume, use, share, download, purchase, record, livestream and display the Content in accordance with these Terms. The license shall remain in force until revoked either by Pindify or the Supporter.

6.2 All brand, product and service names used in the Pindify Marketplace which identify Pindify or third parties, including the Providers, and their products and services are proprietary marks of Pindify and/or the relevant third parties. Nothing in the Pindify Marketplace or these Terms shall be deemed to confer on any person any license or right on the part of Pindify or any third party with respect to any such image, logo or name.

7. THIRD PARTY APPLICATIONS

7.1 The Pindify Marketplace may be integrated with third party applications, websites, and services (“Third Party Applications”). These Third Party Applications may have their own terms and conditions of use and privacy policies and the Supporter’s use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies as applicable from time to time. The Supporter understand and agree that Pindify does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction the Supporter may enter into with the provider of any such Third Party Applications.

8. TRANSACTIONS WITH THIRD PARTIES

8.1 The nature and function of the Pindify Marketplace may enable the Supporter to enter into agreements with other third parties and Providers to purchase, rent, license, acquire or otherwise individual products and/or services from such third party or Provider and that are not part of the Content as provided through the Pindify Marketplace. Each such purchase is a transaction between the Supporter and the third party or Provider, as applicable (“Transaction”).

8.2 The Transaction constitutes a separate agreement between the Supporter and the third party or Provider, and Pindify is not and shall not be deemed to be a party to any such agreement. All inquiries regarding Transactions shall be directed to the relevant counterparty and Pindify shall not be responsible for refunds for Transactions.

8.3 Because Pindify is not the buyer or seller in any Transaction, if a dispute arises between the participants in a Transaction, the Supporter releases Pindify (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8.4 If the Supporter is a California resident, the Supporter specifically waives the California civil code §1542, which says: “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.” The Supporter, being aware of said code section, hereby expressly waive any rights the Supporter may have thereunder, as well as under any other statutes or common law principles of similar effect. The Supporter acknowledge and agree that this waiver is an essential and material term of these Terms, and that without such waiver, these Terms would not have been entered into by Pindify.

9. CONTACT AND NOTICES

9.1 Any questions, comments, complaints or issues concerning Pindify, these Terms and the Pindify Marketplace may be directed to Pindify as set forth on its website www.pindify.com.

10. MISCELLANEOUS

10.1 These Terms represent the entire understanding between Pindify and the Supporter with respect to its subject matter and supersedes any previous communication or agreements that may exist, whether written or oral.

10.2 The invalidity or unenforceability of any term of these Terms shall not adversely affect the validity or enforceability of the remaining terms. The Terms shall be given effect as if the invalid or unenforceable term had been replaced by a term with a similar economic effect.

11. GOVERNING LAW AND DISPUTES

11.1 These Terms shall be construed in accordance with and be governed by the laws of Luxembourg, without reference to the conflict of law provisions.

11.2 Any claim arising between the Parties in respect of the Agreement shall be settled according to the laws of the Grand Duchy of Luxembourg and subject to the jurisdiction of the District Court of Luxembourg.


Pindify copyright and trademark policy

Welcome to Pindify’s copyright and trademark policy. This policy is a part of Pindify’s Terms of Service and the terms used in this policy shall therefore be given the same meaning as defined in the Terms of Service.

1. INTRODUCTORY REMARKS

1.1 Pindify respects the intellectual property rights of others and we expect our Users to do the same. Our Terms of Service state that all information uploaded by our Users shall be lawful, accurate and not in violation of any third party rights. To uphold these goals, Pindify provides the possibility to submit complaints concerning content posted by other Users. We also assist Users who believe that such a complaint has been improperly submitted against them.

1.2 It is our policy, at our own discretion in appropriate circumstances, to disable and/or terminate the accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

1.3 Please note that any notice or counter-notice you submit must be truthful. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. Please also note that you can only report infringement of your own copyright, or the copyright of someone you are authorized to represent. If you believe that someone else’s copyright is being infringed, please direct them to this page.

2. REPORTING COPYRIGHT INFRINGEMENT

2.1 If you are a copyright holder, or the agent of a copyright holder, and you believe that any of the copyrighted material which is directly available on the Pindify Service infringes your copyrighted work, please let us know by sending us a notice of alleged copyright infringement.

2.2 When you send us a notice of alleged copyright infringement, please make sure to include the following information:

A statement that you have identified content on Pindify that infringes your copyright, or copyright of a third party that you are authorized to represent;

A description of the content that you claim is infringing and the information needed to locate the content (please be as detailed as possible and include information such as an URL, the username in combination with the name of the content, etc.);

A description of the copyrighted work that you claim has been infringed;

Contact information including your name and email address. Please also provide your mailing address and/or telephone number.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

A statement by you that the information in your notice is accurate and that you are the copyright owner, or an agent authorized to act on the copyright owner’s behalf.

2.3 If you wish for the notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. § 512, you will also need to include the following:

Regarding a statement that you are authorized to act on the copyright owner’s behalf, a confirmation that such statement is made under penalty of perjury; and

Your electronic or physical signature, where the latter is also accepted in the form of a scanned copy.

2.4 Please send your notice to copyright@pindify.com or by mail to the following address:

XXXX

YYYY

Attn: Copyright

3. HOW TO FILE A COUNTER-NOTICE

3.1 If we remove your content due to suspicions of copyright infringement, you have the possibility to dispute the alleged infringement. To do this, you need to send us a written counter-notice by mail or email. Please make sure to include the following information:

Your username on the Pindify Service;

Identification of the removed content, including the information needed for Pindify to locate the content (URL, the title of the content, etc.);

A statement by you that you have a good faith belief that the content was removed as a result of a mistake or that the material was misidentified;

Your full name, address and telephone number as well as a valid email address where you can be contacted.

3.2 Please send your counter-notice to copyright@pindify.com or by mail to the following address:

XXXX

YYYY

Attn: Copyright

4. REPORTING TRADEMARK INFRINGEMENT

4.1 If you are a the owner of a trademark, or the agent of a such an owner, and you believe that any of the content posted by another User on the Pindify Service infringes your trademark rights, please let us know by sending us a notice of alleged trademark infringement.

4.2 When you send us a notice of alleged trademark infringement, please make sure to include the following information:

A statement that you in good faith believe that you have identified content on Pindify that infringes your trademark rights, or trademark rights of a third party that you are authorized to represent;

The trademark name and website URL

The trademark registration number (if applicable)

The registration country

The trademark holder company name (if applicable)

A description of the content that you claim is infringing and the information needed to locate the content (please be as detailed as possible and include information such as an URL, the username in combination with the name of the content, etc.);

A description of how the trademark is allegedly infringed

Contact information including your name and email address. Please also provide your mailing address and/or telephone number.

A statement by you that the information in your notice is accurate and that you are the copyright owner, or an agent authorized to act on the copyright owner’s behalf.

Regarding a statement that you are authorized to act on behalf of the owner of the trademark, a confirmation that such statement is made under penalty of perjury; and

Your electronic or physical signature, where the latter is also accepted in the form of a scanned copy.

4.3 Please send your notice to trademark@pindify.com or by mail to the following address:

XXXX

YYYY

Attn: Trademark