Terms of Service
Pinqloud is a social printing service aims to provide real time photo printing and campaign monitoring service for your events and parties.
Pinqloud uses the Instagram™ API (Application Programming Interface) but is not endorsed or certified by Instagram™ or their affilliates.
Even though we are not endorsed by Instagram™ we do respect their products. By using the Pinqloud website you are agreeing to be bound by the terms and conditions of Instagram™ which can be viewed at: http://instagram.com/legal/terms
The following terms and conditions govern all use of the Pinqloud website and all content, services and products available at or through the website. The Pinqloud.com website is owned and operated by Pinqloud. The Pinqloud website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Pinqloud's privacy policy) and procedures that may be published from time to time on this Site by Pinqloud (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Pinqloud website. By accessing or using any part of the Pinqloud website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Pinqloud website or use any services. If these terms and conditions are considered an offer by Pinqloud, acceptance is expressly limited to these terms. The Pinqloud website is available only to individuals who are at least 13 years old.
Your Pinqloud Account.
If you create a comment on the Pinqloud website or share any images, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords in your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pinqloud may remove your account if any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pinqloud liability. You must immediately notify Pinqloud of any unauthorized uses of your account or any other breaches of security. Pinqloud will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of all visitors/ account holders of Pinqloud.
If you post material to the Pinqloud website, post links on the Pinqloud website, comment on the Pinqloud website or otherwise make (or allow any third party to make) material available by means of the Pinqloud website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your images/ comments is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account username is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account name is not the name of a person other than yourself or company other than your own.
Responsibility of Website Visitors
Pinqloud has not reviewed, and cannot review, all of the material, posted to the Pinqloud website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Pinqloud website, Pinqloud does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Pinqloud website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Pinqloud website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pinqloud disclaims any responsibility for any harm resulting from the use by visitors of the Pinqloud website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which Pinqloud links, and that link to Pinqloud. Pinqloud does not have any control over those Pinqloud websites and webpages, and is not responsible for their contents or their use. By linking to a Pinqloud website or webpage, Pinqloud does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pinqloud disclaims any responsibility for any harm resulting from your use of non Pinqloud websites and webpages.
Copyright Infringement and DMCA Policy.
As Pinqloud asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Pinqloud violates your copyright, you are encouraged to notify Pinqloud who will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pinqloud will terminate a visitor’s access to and use of the Pinqloud website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pinqloud or others.
Intellectual Property
This Agreement does not transfer from Pinqloud to you any Pinqloud or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pinqloud. The Pinqloud logo, and all other trademarks, service marks, graphics and logos used in connection with Pinqloud, or the Pinqloud website are trademarks or registered trademarks of Pinqloud or Pinqloud’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Pinqloud website may be the trademarks of other third parties. Your use of the Pinqloud website grants you no right or license to reproduce or otherwise use any Pinqloud or third-party trademarks
Changes
Pinqloud reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Pinqloud website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pinqloud may also, in the future, offer new services and/or features through the Pinqloud website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement
Termination
Pinqloud may terminate your access to all or any part of the Pinqloud website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pinqloud account (if you have one), you may simply discontinue using the Pinqloud website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Pinqloud website is provided “as is”. Pinqloud and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pinqloud nor its suppliers and licensors, makes any warranty that the Pinqloud website will be error free or that access thereto will be continuous or uninterrupted. Please understand that you download from, or otherwise obtain content or services through, the Pinqloud website at your own discretion and risk.
Limitation of Liability
In no event will Pinqloud, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pinqloud under this agreement during the twelve (12) month period prior to the cause of action. Pinqloud shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Pinqloud website will be in strict accordance with the Pinqloud Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Pinqloud website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Pinqloud, its contractors, and its licensors, and their respective directors, officers, members, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Pinqloud website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Pinqloud and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pinqloud, or by the posting by Pinqloud of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Pinqloud website will be governed by the laws of South-Africa, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Pretoria, Gauteng Pretoria. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pinqloud may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last updated: April 1, 2016