The following terms and conditions govern all use of PingIn.social and all content, services and products available at or through PingIn web site (“the Site”), PingIn mobile App (“the App”), and collectively, including all content provided by PingIn Service (“the service”).
Please read this Agreement carefully before creating, accessing or using the Service. By accessing or using any part of the PingIn Service, 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 Service or use any services. If these terms and conditions are considered an offer by PingIn, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
If you create a profile on the App, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PingIn may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause PingIn liability. You must immediately notify PingIn of any unauthorized uses of your profile, your account or any other breaches of security. PingIn 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.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. PingIn cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
If you operate a profile, comment on a profile, post material or links on the profile, or otherwise make (or allow any third party to make) material available by means of the Service (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, libelous or defamatory, 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 profile 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 profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PingIn or otherwise. By submitting Content or linking to other profiles to PingIn for inclusion on your profile, you grant PingIn a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, PingIn will use reasonable efforts to remove it from the profile, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, PingIn has the right to, in PingIn’s sole discretion (i) refuse or remove any content that, in PingIn’s reasonable opinion, violates any PingIn policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in PingIn’s sole discretion. PingIn will have no obligation to provide a refund of any amounts previously paid.
PingIn has not reviewed, and cannot review, all of the material, including computer software, posted to the Service or profile, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, PingIn 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 Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service 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. PingIn disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content posted.
PingIn has a zero tolerance policy for the practice of deliberately claiming a recognizable name which does not belong to the claimant (ie. “name squatting”). Beyond prevention of infringement on trademarks, brands and DBA names, PingIn is committed to ensuring the right of individuals in the public sphere to claim their legal names and associated monikers on the Service. By registering a recognized name (e.g. that of a celebrity) you agree to forfeit that username should the rightful owner protest your claim. With no prior notice, PingIn reserves the right to delete any and all uploaded assets, including text and images, and re-assign the account email and password to the authenticated claimant.
PingIn 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 Service following the posting of any changes to this Agreement constitutes acceptance of those changes. PingIn may also, in the future, offer new services and/or features through the Service (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.
PingIn Service includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time with reasonable efforts by PingIn to respond in due course. All services support will be provided in accordance with PingIn standard services practices, procedures and policies.
Currently, PingIn is a free service. We maintain the right to change that at a later date. PingIn reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. The App provides free chat service provided by PingIn but any text message sent are subject to standard text messaging rates determined by your mobile phone carrier. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider.
By selecting a premium service you agree to pay PingIn the fees indicated for that service. Payments will be charged on the day you sign up for a premium service. Premium service fees are not refundable.
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
Using manual or electronic means to avoid any use or access limitations placed on this Service.
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service or to breach security or authentication measures.
Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Unauthorized monitoring of data or traffic on the Service.
Interference with the Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
PingIn may provide links on the Service to other sites or content. PingIn has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. The inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, our Terms no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
These Terms supersede any previous agreement and represent the entire agreement between PingIn and you. These Terms are governed by the Singapore laws without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.
All copyrighted and copyrightable materials on the Service, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, the ‘Materials’) are ALL RIGHTS RESERVED Copyright © 2014 PingIn and/or its licensors. You may not copy, modify, or reverse engineer any part of the Service owned by PingIn.
PingIn grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to: (a) use the Service or Materials for purposes other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Service, including any images found on the Service or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Service or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of PingIn or any third party. Any unauthorized use of the Service will terminate the permission or license granted by PingIn to you under these Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
This Agreement does not transfer from PingIn to you any PingIn or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PingIn. All other trademarks, service marks, graphics and logos used in connection with PingIn, or the Service are trademarks or registered trademarks of PingIn or PingIn’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any PingIn or third-party trademarks.
The Service is provided “as is”. PingIn 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 PingIn nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
In no event will PingIn, 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 PingIn under this agreement during the twelve (12) month period prior to the cause of action. PingIn 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.
You agree to indemnify and hold harmless PingIn, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that we may immediately deactivate or delete your account, and all related information and files associated with it (including all submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.