I. PINGUP TERMS AND CONDITIONSLast updated: May 25, 2012
The following Terms and Conditions apply when you view or use the website located at pingup.com (the "Site") and the Pingup Application ("the App"), available to Apple iPhone users for download at the iTunes store. Pingup offers an electronic communications platform which enables users to initiate chats and communicate electronically with selected businesses.
NOTE TO USERS: Please review the following terms carefully. By accessing or using the Site or the App, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Site or the App.
NOTE TO BUSINESSES: For terms and conditions applicable to the use of the Site by Businesses whose businesses and locations are featured on our Site or able to receive Pingup communications, please refer only to the Business Terms and Conditions.
These Terms and Conditions include a release by you of all claims for damage against us that may arise out of your use of this Site. By using this site, you agree to this release.
III. ABOUT PINGUP SERVICES
Pingup offers users a one-stop destination to search for businesses meeting desired search criteria, and then to initiate chat sessions with businesses. Visitors must register in order to access this information, to initiate a chat session, and to engage in chat sessions.
Pingup is a user-initiated communications service. Only registered users (i.e., consumers, not businesses) can open a communication session. Registered businesses cannot initiate or open a communication session with users.
Pingup, including any mobile or web-based versions, will allow you and the businesses with whom you communicate to save your chats in your account on Pingup's servers. This means you can access and search your chat history when logged into your Pingup account. Whether or not you use this feature, other users (i.e., the business with whom you chat) may choose to use it to save conversations with you in their account on Pingup too. Your agreement to these Terms and Conditions constitutes your consent to allow Pingup to store these communications on its servers.
IV. RULES FOR USER CONDUCT AND USE OF THE SERVICE
When you create your own personalized user account, Pingup's Service allows you to enter text, images, or other data into the chat field and transmit it to businesses you select (collectively "User Content"). You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Pingup cautions you not to transmit any personal or financial data across our Services. Although Pingup is very concerned about safeguarding the confidentiality of your information, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.
You may not allow others to use your username on the Service to open or conduct a chat session.
Your permission to use Pingup is conditioned upon the Use Restrictions and the Conduct Restrictions.
USE RESTRICTIONS. You agree that you will not under any circumstances:
- send unsolicited bulk communications;
- register for multiple accounts;
- transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user's Pingup account without permission;
- provide false or inaccurate information when registering an account on Pingup;
- interfere or attempt to interfere with the proper functioning of Pingup's Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- will not use the communication systems provided by or contacts made on Pingup for any commercial solicitation purposes;
- will not publish or link to malicious content intended to damage or disrupt another user's browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
The following rules pertain to User Content, defined as any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Pingup Service, or that other users upload or transmit, including without limitation any comments. By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your Pingup account;
- You will not transmit information that is false or inaccurate;
- You will not transmit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Pingup; and You hereby affirm we have the right to determine whether any of your Content transmissions are appropriate and comply with these Terms of Service, remove any and/or all of your communications, and terminate your account with or without prior notice.
ACCESS, DISCLOSURE, AND REMOVAL RIGHTS
You acknowledge and agree that Pingup may access or disclose information about you, including the content of your communications, in order to:
- Comply with the law or respond to lawful requests or legal process; Respond to your requests for customer service;
- Protect the rights or property of Pingup, Getabl or its customers, including the enforcement of these Terms and Conditions, our Business Terms and Conditions, or other policies governing the use of our Service and Site;
- Act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Getabl employees, customers, or the public.
You further acknowledge and agree that Pingup may or may not screen the content of the Communications you transmit or store on our Service, and Getabl or its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove User Content or communications available via our Services. By way of example, Pingup and its designees shall have the right to access and remove any User Content or User Communications that violates these Terms and Conditions or is otherwise objectionable.
HOW YOU MAY USE OUR MATERIAL.
You may use the Services, including the Sites, and any information, data, images, tools, results, content, applications and other material made available via the Services, including any such material that is owned by third parties (collectively, "Materials") SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE and otherwise in accordance with the Terms. You may not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use) without the prior written consent of Pingup.com.
You acknowledge that Pingup may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Communications will be retained by Pingup, the maximum number of messages that may be sent from or received by an account on the Pingup Service, the maximum storage space that will be allotted on your behalf, and the maximum number of times and duration for which you may access our Site or Service.
V. LIMITATION OF LIABILITY
You agree that Pingup has no liability or responsibility for deleting or failing to store any User Communications or User Content maintained or transmitted over Pingup's Service.
Pingup takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of Pingup's Service is solely your responsibility. Pingup is not responsible for any public display or misuse of your User Content. Pingup does not, and cannot, pre-screen or monitor all User Content (or all Business Content). However, at our discretion, we or technology we employ may monitor and/or record your interactions with the Service.
We reserve the right, but are not obligated, to limit or deny a user's access to the Site or the App and to take other appropriate action if a user violates these Terms and Conditions or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Unauthorized use may result in criminal and/or civil prosecution under federal, state and local law. If you become aware of misuse of our Service, please contact us at Customer Support at email@example.com
Pingup reserves the right to manage and secure its network and computer systems, including by scanning the contents of messages in an automated fashion. Pingup may scan messages in order to improve features and functionality of the Service, protect its network from spam, viruses, malware and other abuse or wrongful access, and to generate aggregate reports for businesses who register for Pingup Services only.
VI. LICENSE GRANT
By communicating on Pingup, you expressly grant, and you represent and warrant that you have a right to grant, to Pingup a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Pingup's Services.
VII. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
VIII. PINGUP IS NOT RESPONSIBLE FOR BUSINESS SITES COMMUNICATIONS
As part of our Service, we provide you with the ability to receive communications from the business with whom you initiate a chat session.
However, Pingup has no control over and disclaims any responsibility for such Business or the promotions, materials, information, goods or services available from these third parties. Pingup is not responsible for and does not endorse or warrant any materials, information, goods or services available through any linked websites or any privacy or other practices of such websites. Pingup may terminate any link or business relationship at any time.
Pingup does not warrant that communications from Businesses, including about their products, services and promotions, are current, complete or free from error. Instead, the businesses who have claimed their profiles are solely responsible for the contents of their chat sessions with users.
IX. THIRD PARTY REQUESTS FOR ACCOUNT INFORMATION OR COMMUNICATIONS
We may be required by law to release information to a third party (i.e., someone other a party to messages sent or received by you in a chat session), including the content of any message sent or received by you. Except as prohibited by law, we will send you a notice if we plan to comply with a civil subpoena relating to your Pingup account. The delivery of a communication from Pingup is effective when sent by us, regardless of when you receive or read the communication. We will send these communications to the email address you have on file with us, as provided at registration or later updated by you.
X. COMMUNICATING WITH PINGUP
While we endeavor to respond to communications made through the Site's or the App's e-mail and messaging system, such notice will not constitute legal notice to Pingup or any of its officers, employees, agents or representatives in any situation where notice to Pingup is required by contract or any law or regulation. For formal legal notices, Pingup requires that you send them to Getabl Inc, 11 Elkins st, suite 230, Boston, ma 02127, WITH ATTENTION: LEGAL NOTICE.
XI. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from Pingup in an electronic form, including at the email address associated with your account as provided at registration or later updated by you; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pingup provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
XII. DISCLAIMER; LIMITATION OF DAMAGES; RELEASE
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PINGUP MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PINGUP, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR INFORMATION OR CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE PINGUP SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH PINGUP OR ANY OTHER USER OF THE PINGUP SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PINGUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you have a dispute with one or more users or a Business with who you chatted through our Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code s1542, 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 agree to defend, indemnify and hold harmless Pingup, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to Pingup; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of Pingup.
XIV. TERMINATION OF ACCOUNT
You may terminate your Pingup account, any associated registration data and access to our Services by submitting a termination request to firstname.lastname@example.org. You agree that we may terminate your account without prior notice, limit or suspend your access to our Service also without prior notice. Reasons for termination shall include:
- violation of these Terms and Conditions
- request for termination received from law enforcement or other government agencies
- service interruptions arising from technical or security issues;
- nonpayment of fees owed in connection with our Services.
Our termination of your account may include removing your access to your account, deleting your account and associated passwords and other information, deleting Business Content or Business Communications associated with your account, and prohibiting or blocking your further use of or access to our Site or Services.
XV. MODIFICATION OF TERMS AND CONDITIONS
We can amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms and Conditions. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.
XVII. APPLICABLE LAWS; VENUE
These Terms and Conditions and your use of the Site are governed by the federal laws of the United States of America and the laws of the Commonwealth of Massachusetts. Any action related to this Site will be filed only in the appropriate state or federal court located within the Commonwealth of Massachusetts. By using this Site, you signify your consent to the jurisdiction of the state and/or federal courts of the Commonwealth of Massachusetts.
XVIII. SUGGESTIONS AND FEEDBACK
Pingup welcomes your feedback and inquiries. If you have any comments or questions, please contact us by sending an email to email@example.com.