Terms of Service

Welcome to Pinn, an app and website designed to help you discover events and connect with people in your city. These Terms of Service ("Terms") govern your use of the Pinn app and website (the "App"). By accessing or using the App, you agree to comply with and be bound by these Terms.

For the purposes outlined in these Terms, the terms "you" and "your" refer to you as the user of our Services. These Terms of Use encompass an agreement mandating arbitration where permitted by law. This implies that you consent to resolving any dispute related to the Services through binding individual arbitration instead of pursuing court proceedings, unless such an agreement is restricted by law. The dispute resolution provision also entails a waiver of class action, requiring you to address any dispute on an individual basis, not as part of a class action where permitted by law. Additionally, these Terms of Use feature a jury waiver where permitted by law. Further details regarding arbitration, the class action waiver, and the jury trial waiver can be found in the Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver in Section 9 below.

1. Acceptance of Terms

By using the App, you agree to these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific features of the App. If you do not agree to these Terms, please do not use the App.

2. Use of the App

a. Eligibility: You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are 18 years of age or older.

b. Registration: To use certain features of the App, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account.

c. Prohibited Conduct: You agree not to engage in any conduct that may violate these Terms or the law. This includes, but is not limited to, unauthorized access to the App, interference with the App's functionality, and any form of harassment or unlawful behavior.

Your engagement with the Services is contingent upon compliance with these Terms and all relevant laws and regulations. You acknowledge and agree that you shall refrain from engaging in, attempting, or encouraging anyone to partake in any of the following activities:

Violating these Terms or our terms or policies, including our Community Guidelines.

Employing our Services for any unlawful, misleading, fraudulent, or illegal purpose, including but not limited to sexual solicitation, or the buying or selling of firearms, alcohol, and tobacco products between private individuals.

Unauthorized reproduction, modification, adaptation, translation, reverse engineering, disassembly, decompiling, or creation of derivative works of the Services or any content included therein.

Distribution, licensing, transfer, or sale of the Services or any derivative works thereof.

Licensing, purchasing, transferring, or selling any account or data obtained from us or the Services.

Marketing, renting, or leasing the Services for a fee or charge, or using the Services for commercial solicitation.

Using the Services for any commercial or unauthorized purpose without our express written consent, including facilitating commercial advertisements, solicitation, or spam.

Interfering with the proper functioning of the Services, disrupting our website or connected systems, or bypassing any access prevention measures.

Integrating the Services or any portion thereof into any other program or product.

Using automated scripts to collect information or interact with the Services.

Attempting to artificially inflate the popularity of any user on the Services.

Impersonating any person or entity in interactions with us or regarding our Services.

Attacking, threatening, intimidating, or harassing us or other users, or promoting violence or discrimination based on various factors.

Creating, supporting, or transmitting material that promotes terrorism, crime, hate groups, or false information.

Using another user's account, service, or system without our express permission or creating a false identity.

Creating accounts, accessing, or collecting information in unauthorized ways, including automated methods without our express permission.

Continuing to use a previously disabled account for violations of our Terms or other policies.

Interfering with the intended operation of the Services, misusing reporting channels, or participating in any prohibited activities outlined below:

Uploading files containing malicious code.

Engaging in unsolicited or unauthorized advertising, solicitations, spam, or chain letters.

Sharing private information of third parties.

Uploading material that infringes someone else’s rights or is defamatory, offensive, pornographic, or discriminatory.

Providing instructions for criminal offenses, dangerous activities, or self-harm.

Creating content that may provoke, harass, or harm individuals.

Disseminating false news or information.

Offering advice or opinions without proper licensing or qualifications.

Posting material contrary to public order, good morals, or violating applicable laws or regulations.

Uploading material deemed objectionable or harmful by our sole judgment.

Additionally, you may be prohibited from receiving our Services under applicable laws.

3. User Content

a. Posting Events: Users may post events on the App. By posting an event, you represent that you have the right to share the event information and that the event complies with these Terms. We retain the right, without assuming an obligation, to unilaterally remove or disable access to any or all content on our Services for any reason, or none at all, and at any time, without prior notice. The grounds for such removal or access restriction may encompass content we deem objectionable, in violation of these Terms, our other terms or policies (including our Community Guidelines), or potentially detrimental to the Services or our user community.

User-Generated Content

Users of the Services have the ability to upload, post, transmit, or otherwise share content through the Services, encompassing text, photographs, user videos, sound recordings, and the musical works embedded therein. This includes the creation of User Content by extracting portions of content generated by other users, producing derivative User Content, and collaborating with other users to blend and intertwine User Content from multiple sources.

Ownership and Licensing of User Content

Upon submitting User Content to the Services, you, or the copyright owner as determined by applicable laws, retain copyright in the submitted User Content. However, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, sublicensable, fully transferable, worldwide license to utilize, modify, adapt, reproduce, create derivative works, translate, host, publish, transmit, distribute, and authorize other users and third parties to interact with and use your User Content. This license ceases when your User Content is deleted from our systems.

Use of Personal Identifiers

You additionally grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of your User Content.

Rights and Royalties

The rights granted include the right to reproduce sound recordings and perform and communicate sound recordings and musical works on a royalty-free basis. This implies that you authorize us to use your User Content without the obligation to pay royalties to any third party involved in its creation.

Through-to-the-Audience Basis

All rights granted for User Content are on a through-to-the-audience basis, with no separate liability for owners or operators of third-party services hosting such content via the Services.

Additional Provisions

Users waive rights to prior inspection or approval, rights of privacy, publicity, or similar rights concerning User Content.

We may disclose user identity in response to intellectual property, image rights, or privacy claims.

Posting sound recordings without underlying musical work rights is prohibited.

Content in User Content is not verified or endorsed by us; we are not liable for User Content.

No warranties regarding accuracy, completeness, or timeliness of Pinn Content or User Content.

Users must comply with Usage Rules when uploading or transmitting User Content.

User Content is non-confidential; users must not post confidential or proprietary content.

Indemnification obligation for claims arising from breaches of these Terms.

Exclusion of warranties for Services, provided on an "as is" and "as available" basis.

Users indemnify and defend Pinn from claims, liabilities, and expenses arising from breaches of these Terms.

Users have the option to configure privacy settings for User Content on the App.

Removal of infringing material upon notice; termination of accounts for repeated infringement.

Users may send feedback or suggestions, which may be used without obligation.

b. Accounts/User Interactions: Pinn is a platform for connecting people, but we do not endorse or guarantee the accuracy of user-generated content. You are solely responsible for your interactions with other users.

Our Services may incorporate functionalities designed to enable users to share content such as photos, videos, comments, links, messages, and other materials, while adhering to these Terms. It is imperative that you refrain from using the Services to violate any intellectual property rights. We retain the authority, with or without notice, at our sole discretion, to restrict access to, and/or terminate the accounts of, any user found to infringe upon or be accused of infringing upon intellectual property rights.

4. Privacy

Our Privacy Policy explains how we collect, use, and disclose information about you. By using the App, you agree to the practices described in the Privacy Policy.

5. Modifications

We reserve the right to modify or update these Terms at any time. Changes will be effective upon posting to the App. It is your responsibility to review these Terms regularly to stay informed of any updates.

6. Termination

We may terminate or suspend your account and access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users.

7. Contact Information

If you have any questions about these Terms, please contact us at support@pinn.app.

8. Governing Law

These Terms are governed by the laws of the State of New York.

9. Content

Ownership of Pinn Content

All content, software, technology, programs, web pages, photographs, images, text, graphics, illustrations, layout designs, logos, patents, audio, videos, music, and other elements within or accessible through our Services, including the overall "look and feel" of the Services, as well as all trademarks, service marks, copyrights, and other associated intellectual property rights (referred to as the "Pinn Content"), are either owned or licensed by Pinn.

Prohibited Use of Pinn Content

Unauthorized use of Pinn Content for purposes not explicitly allowed by these Terms is strictly forbidden. You are prohibited from downloading, copying, reproducing, publishing, distributing, transmitting, broadcasting, communicating, displaying, selling, licensing, or exploiting Pinn Content for any purpose without our prior written consent or, where applicable, the consent of our licensor Pinn. All rights not expressly granted in and to the content by us and our licensors are reserved.

Revenue, Goodwill, and Value

You acknowledge and agree that we may derive revenues, enhance goodwill, or otherwise increase our value from your use of the Services. Except as explicitly permitted by us in these Terms or in another agreement you enter into with us, you have no entitlement to share in any such revenue, goodwill, or value. Furthermore, you acknowledge that, unless specifically permitted by us in these Terms or another agreement, you have no right to receive income or consideration from any User Content (as defined below) or your utilization of any musical works, sound recordings, or audio-visual clips made available to you on or through the Services. This includes any User Content you create. You are also prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third-party service.

We may at any time and at our sole discretion change, suspend, withdraw or restrict the availability of all or any part of our Services without notice.

Limitation of Liability

To the maximum extent permitted by law, we disclaim liability for any direct or indirect loss of income or profits, loss of goodwill, loss of opportunity, loss of data, or any indirect or consequential losses you may experience. Our total liability for all claims related to the Services shall not exceed the amount you paid us for the use of the relevant Services in the last 12 months.

10. Exclusion of Certain Damages

We shall not be liable for loss or damage resulting from:

Your use or inability to use the Services.

Conduct or content of any third party on the Services, including defamatory or illegal conduct.

Reliance on the accuracy or completeness of Pinn Content and User Content.

Changes we make to the Services, temporary or permanent cessation of the Services.

Deletion, corruption, or failure to store any content transmitted through your use of the Services.

Inaccuracy of account information or failure to keep your account details secure and confidential.

10.1. Additional Exclusions

We are not liable for loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.

10.2. No Liability for Device or Digital Content Damage

To the fullest extent allowed by law, we are not liable for any damage to your device or digital content caused by the Services, or any damage that could have been reasonably avoided, including damage resulting from failure to follow advice or installation instructions.

10.3. Mobile Charges Responsibility

You are responsible for any mobile charges, including text-messaging and data charges, incurred during your use of our services.

10.4. Disputes with Third Parties

Any disputes with third parties arising from your use of the services are solely between you and the third party. You release us and our affiliates from all claims and damages connected with such disputes.

10.5. Security Disclaimer

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to use our Services and should use your virus protection software.

Applicable Law, Dispute Resolution, and Miscellaneous Terms

11. Governing Law and Arbitration

These Terms are governed by and construed in accordance with the laws of the State of New York, without considering its conflict of laws provisions. To the fullest extent permitted by applicable laws, any dispute, controversy, or claim arising from these Terms, including issues related to their existence, validity, or termination, shall be exclusively referred to and finally resolved through binding arbitration on an individual basis. The arbitration will be administered by the American Arbitration Association (AAA), applying the AAA's Consumer Arbitration Rules for claims up to $75,000 and the AAA's Commercial Arbitration Rules for claims exceeding $75,000. The arbitration proceedings, conducted in English, will involve three arbitrators. To the fullest extent permitted by applicable laws, arbitration will proceed solely on an individual basis, without the right for disputes to be arbitrated as class actions or on bases involving claims brought in a purported representative capacity on behalf of others. Disputes may not be joined or consolidated without the written agreement of all parties. No arbitration award or decision will have any preclusive effect on issues or claims in any dispute with non-named parties. Both parties agree that, whether a claim is resolved in arbitration or in court, they waive any right to a jury trial. Notwithstanding any other provision in this agreement, we retain the right to seek equitable relief, including to prevent the infringement of intellectual property rights, and both parties retain the right to seek public injunctive relief.

The Terms shall be made in English Language. If required under the relevant local law, the Terms shall be made in both the English Language and in the local language. Both texts are equally original. In case of any inconsistency or different interpretation between both texts, the local language shall be deemed to be automatically amended to conform with and to make it consistent with the relevant English text.

11.1. Severability

If any court with jurisdiction determines that any provision of these Terms is invalid, that provision will be removed without affecting the rest of the Terms, and the remaining provisions will remain valid and enforceable.

11.2. Waiver and Enforcement

Our failure to insist upon or enforce any provision of these Terms shall not be interpreted as a waiver of any provision or right.

11.3. Open-Source Software

The App includes certain open-source software, each subject to its own applicable license terms.

11.4. Plural and Singular Usage

The use of the plural in these Terms implies the use of the singular, and vice versa, as the context requires.

12. Apple and its subsidiaries serve as third-party beneficiaries under these Terms. Upon your acceptance of the terms and conditions outlined herein, Apple will possess the right (and will be considered to have acknowledged such right) to enforce these Terms against you as a third-party beneficiary.

12.1. Pinn explicitly grants authorization for access to and utilization of the App by multiple users through Family Sharing or any analogous functionality offered by Apple.