Terms of Service
Privacy Policy
pingg Studio

Pingg Site Terms of Use & Service

This document was last revised on Feb 3, 2010

Introduction:

Agreements

Pingg corp. ("Pingg", "pingg", "we","us", "our") provides certain Services (as defined below) through its website located at www.pingg.com (together with any successor site(s), and content thereon the "Site") subject to the following Terms of Service ("TOS").

In addition when using particular services on or through our Site, you ("You" or "User") will be subject to any posted terms or conditions applicable to those services, including any terms or conditions applicable to those services provided in conjunction with any of our partners. All such terms or conditions are hereby incorporated by reference into this TOS.

This updated TOS comprises the agreement between You and Pingg and supersedes all prior agreements between You and Pingg regarding the subject matter described in this TOS.

BY USING OUR SITE AND SERVICES YOU AGREE TO BE BOUND BY THIS TOS AND ALL OF THE TERMS AND CONDITIONS HEREIN.

Modifications to These Terms of Service

Pingg reserves the right to amend these Terms of Service from time to time at its sole discretion. Any modifications shall be effective immediately upon posting. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you are deemed to have agreed to such changes. If you do not agree with these Terms of Service or any changes thereto, please do not use this Site.

Description of Services

pingg provides certain services that allow users to digitally plan events and create, send and manage invitations, announcements and cards ("event content"). These services include but are not limited to tools that provide the ability to create event content using copyrighted designer images; purchase images to build custom invitations; send event communications via email, postal mail, and text message; build and manage guest lists; facilitate guest RSVP collection; access invitation and party planning content ideas; integrate gift registries, photos, videos, event message boards, and other features (collectively and together with the Site, this comprises the "Services"). This TOS applies to the Services.

Unless explicitly stated, any new features that augment or enhance or add to the current Services, shall also be subject to this TOS.

To the extent you access the Services through mobile or wireless devices, your carrier's standard charges, data rates and other fees may apply.

Eligibility

Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to agree to these Terms of Service and to abide by all the terms and conditions of these Terms of Service. THE SITE AND SERVICES ARE OFFERED AND MADE AVAILABLE ONLY TO PERSONS 13 YEAR OF AGE OR OLDER. BY USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 13 YEARS OLD YOU MUST DISCONTINUE IMMEDIATELY ANY USE THE SERVICES OR ACCESS TO THE SITE BECAUSE BY USING OR ATTEMPTING TO USE THE SITE OR THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE LEAST 13 YEARS OF AGE.

Accounts, Passwords, & Security

In consideration for using the Services, when you register an account to use our Services you agree to provide and maintain true, accurate, current and complete information about yourself and/or your organization. Registration data and certain other information are protected and governed by our Privacy Policy.

You are solely responsible for maintaining the confidentiality of your account and password. You are fully responsible for any and all activities that occur in association with your account or password. You agree not to transfer your account id or password, or lend or otherwise transfer your use of or access to the Services to any unauthorized third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account. pingg will not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives having permission to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Services. Please reference our Privacy Policy for our Your use of the Services is subject to all applicable local, state, national and international laws and regulations.

Conditions of Use:

User Conduct

You agree not to and acknowledge and agree that you may be liable if you post, transmit, or otherwise make available, through or in connection with the Services:

  • Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
  • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
  • Any Materials that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Services.
  • Harm minors in any way.
  • Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Services, including without limitation by hacking or defacing any portion of the Services; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Services.
  • Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Services any directory of Pingg's users or usage information or any portion thereof other than in the context of your use of the Services as permitted under these Terms of Service.
  • Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
  • Remove any copyright, trademark or other proprietary rights notice from the Services or Content or Materials originating from the Services.
  • Frame or mirror any part of the Services without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Services.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Services or reproduce or circumvent the navigational structure or presentation of the Services.
  • Engage in any other conduct which, in Pingg's sole discretion, is considered inappropriate, unauthorized or objectionable.
  • Fail to comply will all applicable laws, regulations, and ordinances as a condition of use of the Services.

Use of the Services that constitutes a breach of the foregoing shall be determined by Pingg, in its sole discretion.

No Spamming

You agree not use any feature of the Services for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Pingg.

If you use any feature of the Services for the purpose of sending Spam, your right to use the Services immediately terminates and Pingg reserves the right to seek appropriate legal recourse, as necessary. You agree that Pingg may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto.

If you believe that other users are using the Services for Spam, please notify Pingg using the Customer Support "Contact Us" Form, report abuse by flagging any posting that appears to be Spam for Pingg's review, or by emailing Pingg at contact@pingg.com.

Please note that by posting a Public Event you are consenting to receive, and authorizing Pingg to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

License to Use and Access the Services

pingg grants You a limited, non-exclusive license to access and use the Site and the Services for your personal use only pursuant to these Terms of Service, PROVIDED THAT You may not download (other than page caching) or modify the Site or Services, or any portion thereof, except with Pingg's express prior written consent or as specifically authorized on the Services. The foregoing right does not include any resale or commercial use of the Site, the Services or the content; any derivative use of the Site, Services or the content; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, the Services or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Pingg's express prior written consent. Use of the Services that constitutes a breach of the foregoing shall be determined by Pingg, in its sole discretion.

Use of Site Content

You acknowledge and agree that the Services and the Site may contain certain material, including without limitation, information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You acknowledged and agreed that the Website, Services and the Content, together, are protected under U.S. copyright laws including a copyright in the selection, coordination, arrangement and enhancement of the Website, Services and Content owned by Us. Modification or use of the Content for any purpose other than as specifically authorized herein, including use of the Content on any other web site or networked computer environment, is strictly prohibited. Except and unless expressly authorized in writing in advance by us, You agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Services, including without limitation the Content.

Trademarks

The Pingg name and logo is owned by Pingg. All other trademarks appearing on the Site are the trademarks of their respective owners. Our partners may also have additional proprietary rights in the Content which they make available through the Services. The trade names, trademarks and service marks owned by Us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks, or other intellectual property rights without our express prior written consent.

Copyrights in Your Work and License to pingg

Pingg does not claim ownership of the materials you provide to pingg or submit, upload, post, or input to the Site or associated services (collectively "Your Content"). However, by providing Your Content, You agree that you automatically grant to Pingg, and its successors and assigns and affiliates, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license in and to Your Content in connection with the operation of pingg's business and services, to use, distribute, display, modify, publish, adapt, redistribute, advertise, sublicense and reproduce Your Content to other users of the Services and to third parties with whom Pingg has a relationship. You also grant Pingg the right to authorize the downloading and printing in whole or in part of any of Your Content.

When you submit or upload Your Content on the Pingg website for public use, You represent and warrant that:

  • You own all copyright in the content, or if You are not the owner, that You have permission to use the content, and that You have the right to display, reproduce and sell the content. You license Pingg to use and sub-license the content in accordance with this agreement;
  • You and Your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
  • You or Your Content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
  • Your Content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Your Content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
  • Your Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions

You understand and agree that We do not control Your Content nor do We have any obligation to review, refuse, or remove any Content available via the Service; however, Pingg reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion. Circumstances under which We may remove Your Content include, but are not limited to, violation of the terms of this agreement, abuse of the Service, notification of possible infringement of another's rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, We do not guarantee the accuracy, integrity or the quality of Your Content.

We respect the intellectual property of others, and ask users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If You believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

Materials Submitted Through the Services

You are solely responsible for any data, text, software, sound (including without limitation, music) files, images, photographs, graphics, video, messages, files, links, private and public comments posted to event message boards, or any other materials, including Your Content (collectively, the "Materials") which are transmitted, posted, linked to or distributed by You through the Services, including, but not limited to, the contents of your email communications, information, reviews, comments, user ratings, photos or images posted by You to the Site and to the Services. All Materials posted by You are your sole responsibility. By posting Materials and making them public on Pingg's Site, You represent and warrant that You own all right, title and interest to such Materials and any likenesses contained in such Materials and have the right to use them as described herein.

Pingg does not control the Materials posted by users via the Services and does not guarantee the accuracy, integrity or quality of such Materials. By using the Services you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Pingg be liable in any way for any Materials posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the Services.

In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.

Payment & Refunds

Payment for services is made by credit card in US Dollars and is non-refundable. By submitting an order to purchase Services, you authorize Pingg or its designated payment processor to charge the credit card account you specify for the payment amount. You are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with your purchase, and Pingg reserves the right to collect such taxes or other fees from you at any time.

Pingg may change its pricing at any time or add new fees and charges from time to time, but will provide notice of these changes via information on the Site.

Links to Third Party Sites

The Services may provide, or third parties or You or Your guests may provide, links to other websites or resources on the World Wide Web. Because we have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand, acknowledge and agree that You or Your guests may be liable for links to other World Wide Websites or resources that You or Your guests provide. You understand, acknowledge and agree that You may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.

Modification / Restriction of Services

We reserve the right, at any time and from time to time at our sole discretion and without notice, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use of the Services permitted, and (iii) restricting or terminating any user's right to use the Services, with or without notice; (b) charge fees in connection with the use of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither We nor any of our affiliates, shall be liable to You or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services.

Indemnification

You agree to indemnify, defend and hold harmless Pingg, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from your use of the Site and/or the Services, including, but not limited to, all Content therein and any products or services obtained by You through the Site and/or the Services, the violation of these Terms of Service by You, the infringement by You (or other user of the Services using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PINGG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICES. PINGG MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SERVICES. PINGG MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINGG OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Liability Disclaimer

PINGG SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PINGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; YOU SPECIFICALLY AGREE THAT PINGG IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Termination

Your privilege to use the Services depends on your compliance with the guidelines set forth in these Terms of Service. We may revoke your privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the Services for any reason at any time.

You agree that We, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Materials within the Services, for any reason, including, without limitation, for lack of use, or if We believe that You have violated or acted inconsistently with the letter or spirit of these Terms of Service.

We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Services. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Services.

Jurisdictional Issues

The Site is controlled and operated by Pingg from the United States, and is not intended to subject Pingg to the laws or jurisdiction of any territory other than that of the United States. Pingg does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Notices

Pingg may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to Pingg in writing via email or as otherwise expressly provided by Pingg. Pingg may broadcast, distribute or display notices or messages through the Services to inform you of changes to these Terms of Service, the Services, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

Governing Law and Other Miscellaneous Terms

These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and Pingg. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Pingg to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be 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. Pingg may assign these Terms of Service, in whole or in part, at any time with or without notice to You. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Pingg's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between You and Pingg relating to the subject matter herein and shall not be modified by You except in writing, signed by both parties. These Terms of Service will inure to the benefit of Pingg's successors, assigns and licensees. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to contact@pingg.com. You may also contact us by writing to:

pingg corp. 36 East 20th Street 3rd Floor New York, NY, 10001 or by calling us at 646-277-7345. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

pingg Privacy Policy

pingg.com ("site", "our site", or "the site") is operated by Pingg, Corp ("pingg", "we" or "us"). pingg is committed to protecting users ("you", "your", "guest") privacy. We also strive to understand user behavior in order to provide the most relevant and useful customer experience possible. This privacy policy describes our practices for collecting and using user information. We provide links to additional resources to learn about privacy issues and opt-out of various programs.

Data We Collect And How We Use It

When you interact with, visit and/or use pingg.com and associated services we may collect and store certain types of data as described here:

Personally identifiable data

We collect and store personally identifiable information that you voluntarily provide us when you register for an account or sign up to receive email notifications. This includes data such as your name, email address, physical address, and phone number. We use this information to provide your access to pingg services and to communicate with you regarding such service.

As a function of our service, we also collect and store personally identifiable information that you provide us about your guest list. This is recipient contact information such as guest name, email address, phone number and physical address. We use recipient contact information to deliver requested pingg services. At your request we may display recipient contact information such as guest name to other recipients of the same event. We give guests the ability to block their recipient contact information. We will not intentionally sell or otherwise disclose recipient contact information to third parties.

Non-personally identifiable data

In accordance with industry standards, we may collect and store non-personally identifiable data from your use of our site. We use this data to enable the functionality of our site and improve the quality of our service.

Non-personally identifiable data includes information such as your IP address, browser version, operating system, date and time of visit, time spent on the site, pages visited, event themes selected, and other behaviors tracked through clicks on our site.

To collect this data, we may send one or more cookies to your computer or device. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). We use cookies to enable site functionality and to improve the quality of our service, including for storing user preferences, improving search results, improving ad selection and delivery, and tracking usage trends. To learn more about cookies visit www.networkadvertising.org/managing

We view non-personally identifiable data and aggregate it to analyze trends in user behavior and the effectiveness of our site (i.e. "usage statistics"). We may share this usage statistics data at the aggregate level with our current and prospective affiliates, agents and business partners in order to describe our services and for other lawful purposes. This aggregate data does not include personally identifiable information.

Disclosure of Personally Identifiable Data:

pingg may disclose personally identifiable data with third parties in the following limited circumstances:

You give your consent. As a result of using our site you consent to let us use your personally identifiable information so that we may properly deliver the requested services such as emailing digital invitations or cards, mailing printed invitations or cards, and delivering event communications to you and your recipients. In this instance, we may provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

A registered user of pingg voluntarily disclosed your information by adding you as a recipient on their guest list. In this instance your name may appear on the event guest list. We do not share recipient contact information with other recipients.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of pingg Corp, its users or the public as required or permitted by law.

We are involved in a merger, acquisition, or any form of sale of some or all of its assets. We will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

Disclosure of Non-Personally Identifiable Data

pingg may disclose non-personally identifiable data according to the same limited circumstances described in Disclosure of Personally Identifiable Data. We may also disclose in the following circumstances:

We may aggregate this data to derive general usage statistics and share this aggregated information with our current and prospective affiliates, agents and business partners in order to describe our services and for other lawful purposes.

We may partner with third parties to deliver personalization services. These third parties may themselves or through their partners place or recognize a unique cookie on your browser. These cookies seek to enable personalization that delivers advertising, content or services aligned with your interests. To activate optimal personalization benefits we may pass to these third parties an encrypted or "hashed" (non-human readable) identifier that corresponds to your email address in your pingg profile. Third parties using this hashed identifier are not able to derive your email address nor are they able or allowed to contact you. No personally identifiable data about our users is passed in this information or is connected to these cookies.

Access, Control and Opt-Out

As a registered pingg user, you may access and control your personally identifiable data by logging into your account on pingg.com. You may choose to close your account at any time by submitting a request in your profile or by emailing pingg support. If you close your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our Terms of Service or other rights, take actions we deem necessary to protect the integrity of the site or our users, or take other actions otherwise permitted by law.

As a recipient of pingg services you may block access to your information via our event page tools or your may request removal by contacting the event host directly.

We operate according to industry standard opt-out practices. Each communication we send contains instructions permitting "opt-out" of receiving future communications. In addition, if at any time you wish to have your information removed from our mailing lists, please contact us as indicated below.

If certain information has already been provided to third parties as described in this Privacy Policy, access and retention of that information will be subject to those third parties' policies.

Learn about your privacy options and find free tools to control your internet experience at: www.privacychoice.org

Understand how non-personally identifiable data is used for advertising at:
www.google.com/privacy/ads

Learn about or opt-out of receiving some advertising cookies at: www.networkadvertising.org/optout_nonppii.asp

Learn about, manage your information or opt-out of personalization services at: www.rapleaf.com/people/manage_preferences

Learn about or opt-out of offline credit offers from the Consumer Credit Reporting Industry at: www.optoutprescreen.com

Other Important Information:

Children's Privacy: pingg does not knowingly collect personally identifiable data from children under the age of 13. If you are under the age of 13, please do not submit any personal data through our site. In the event that pingg learns it has collected personal information belonging to someone under age of 13, we will delete that information from our database. If you believe that we have any information from or about a child under 13, please contact us as described below.

Security: pingg has in place and enforces reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to pingg employees, contractors and agents who need to use that information in order to process it on our and your behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We cannot guarantee that any internet or e-mail transmission or electronic storage of information is ever fully secure or error free. Information you send while using pingg services may not be secure. You are responsible for what information you decide to send via our site and services.

Spam: We have a zero-tolerance policy when it comes to spam. We monitor emails sent using our service to identify spam abuse. If found using pingg services to send communications to people who have not given you their permission and/or have expressed that they do not wish to receive your communications then we will close your account and prohibit use of our service. If you feel as though you are a victim of spam as a result of a pingg communication please contact us as described below.

Changes to this Policy:

pingg reserves the right to update or modify this Privacy Policy at any time without prior notice. We will make reasonable efforts to notify you of changes. As a user of pingg it is your responsibility to review this policy periodically. Your continued use of the site shall indicate your agreement with the terms of such revised Privacy Policy.

Contact Information

If you have questions about this policy or would like to contact regarding anything outlined herein please e-mail our privacy administrator at: privacy@pingg.com

Additional Terms of Use & Service for Ticketing:

Pingg provides a service for registered users who are event Hosts and hosts ("Hosts") to collect event registration fees via tickets for their events online from registered users who want to attend such events ("Buyers" or “you”). Hosts may visit the Pingg, fill out details about their event, including pricing, location, ticket price, etc., and collect event registration fees online directly from Buyers. Payments are all transacted through PayPal. This TOS applies to you and your use of the services as a buyer and/or other non-Host user or visitor of the services. For the Terms of Service applies to you and your use of the services as an Host, please see below for Host Ticketing services

When using Paypal, Hosts and Buyers complete the applicable monetary payment transaction through Paypal service, and are bound by the applicable terms of use governing Paypal's service.

Refunds

It is the responsibility of the Host to communicate its refund policy to Buyers and to issue refunds to Buyers. If a Buyer desires to request a refund, Buyer must request the refund from the Host. All communications or disputes regarding refunds are between the Host and Buyer and Pingg will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the services. All communications and disputes regarding chargebacks and refunds are between the Host and Buyer and pingg will not be responsible or liable in any way for chargebacks in connection with a Buyer’s use of the services. If you are a buyer and you wish to request a refund in connection with an event listed on the services, you should contact the applicable Host directly.

To be a registered user of the services, whether as a Buyer or other non-Host, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pingg has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pingg has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the services (or any portion thereof). Pingg is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of Paypal,, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account for the purposes of the purchasing tickets via the service.

Host Ticketing Services

Pingg hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting event ticketing/registration fees for, an event that you have registered on the site, in each case (i) in compliance with this agreement, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic).

Payment

Overview

Pingg uses Paypal for payment processing for Hosts. Monetary payments will be made to the Host directly by Buyers (via Paypal)

Paypal

(a) Independent Relationship.

When using Paypal, Hosts and Buyers effect the applicable monetary payment transaction through the Paypal service and are bound by the applicable terms of use governing the Paypal service.

(b) Services Fees.

Hosts will collect all monies directly from Buyers via Paypal. By registering for and using the Paypal option, you agree to pay Pingg all then-applicable ticket sale service charges, currently set at $1.00 per ticket. Payments shall be due and payable upon receipt via Paypall and in most cases will be deducted directly by Paypal from the Buyer's fee and paid directly to Pingg. As a Host you accept the responsibility for providing refunds to Buyers at your own discretion. Pingg will not be responsible or liable for, and Host hereby agrees to fully indemnify Pingg and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the the Paypal option.

Any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Host of such event. All communications and disputes regarding chargebacks are between the Host and Buyer, and Pingg will not be responsible or liable in any way for, and Host hereby agrees to fully indemnify Pingg and its affiliates for, chargebacks issued in the course of the use of Paypal.

Taxes/Witholding

You are responsible for (and will indemnify Pingg and its affiliates against) all taxes associated with your sale of tickets through the services (excepting taxes based on Pingg' income), which amounts may be withheld from payments due to you or invoiced to you.

Additional Terms of Use & Service for pingg Studio:

Agreements

Pingg corp. ("Pingg", "pingg", "we" ,"us", "our") provides certain additional Services (as defined below) through pingg Studio software ("pingg Studio", "Studio") on its website located at www.pingg.com (together with any successor site(s), and content thereon the "Site") subject to the following Terms of Service ("TOS").

This updated TOS comprises the agreement between You and Pingg and supersedes all prior agreements between You and Pingg regarding the subject matter described in this TOS.

BY USING OUR SITE AND STUDIO SERVICES YOU AGREE TO BE BOUND BY THIS TOS AND ALL OF THE TERMS AND CONDITIONS HEREIN.

Modifications to These Terms of Service

Pingg reserves the right to amend these Terms of Service from time to time at its sole discretion. Any modifications shall be effective immediately upon posting. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you are deemed to have agreed to such changes. If you do not agree with these Terms of Service or any changes thereto, please do not use the pingg Studio.

Description of Services

pingg provides certain services that allow registered users to create collections of invitations and card designs for use by users of pingg.com. These services, known as "pingg Studio or Services", include but are not limited to tools that provide the ability to upload designs, format designs for use in pingg's invitation and card application, create personal or branded profiles, link to personal or organization web sites and stores, promote collections, earn pingg rewards and potentially earn shared revenue.

Unless explicitly stated, any new features that augment or enhance or add to the current pingg Studio services, shall also be subject to this TOS.

To the extent you access the Services through mobile or wireless devices, your carrier's standard charges, data rates and other fees may apply.

Eligibility

Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to agree to these Terms of Service and to abide by all the terms and conditions of these Terms of Service. THE SITE AND SERVICES ARE OFFERED AND MADE AVAILABLE ONLY TO PERSONS 13 YEAR OF AGE OR OLDER. BY USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 13 YEARS OLD YOU MUST DISCONTINUE IMMEDIATELY ANY USE THE SERVICES OR ACCESS TO THE SITE BECAUSE BY USING OR ATTEMPTING TO USE THE SITE OR THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE LEAST 13 YEARS OF AGE.

Conditions of Use

In consideration for using pingg Studio Services, you must register as a user of pingg.com and accept the associated Site Terms of Service. In doing so you agree this pingg Studio TOS is an extension of those Site Terms of Service providing additional conditions for use of pingg Studio. The Site TOS and this pingg Studio TOS together represent your agreed conditions of use.

License to Use and Access the Services

pingg grants You a limited, non-exclusive license to access and use pingg Studio for your professional use pursuant to this TOS, PROVIDED THAT You may not download (other than page caching) or modify the Studio or any portion thereof, except with Pingg's express prior written consent or as specifically authorized. The Studio or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Pingg's express prior written consent. Use of the Services that constitutes a breach of the foregoing shall be determined by Pingg, in its sole discretion.

Sharing Your Work on Pingg

Pingg does not claim ownership of materials such as profile description, links, images, file names, or designs you provide to pingg or submit, upload, post, or input to the Studio or associated services (collectively "Your Work"). However, by providing Your Work and using pingg Studio services you are granting to Pingg, and its successors, assigns and affiliates, a non-exclusive, worldwide, royalty-free, license in and to Your Work in connection with the operation of pingg's business and services, to use, promote, advertise, display, distribute, modify, publish, personalize, redistribute, sublicense and reproduce on your behalf. This license allows you to share Your Work with users on pingg.com and allows users to personalize Your Works for their event invitations or cards.

You grant Pingg the right to authorize the printing of Your Works in connection with the postal pingg service. You may prohibit printing by requesting to turn off postal pingg features on your designs. Please contact us to do so.

When you submit or upload Your Works in the pingg Studio for public use, You represent and warrant that:

  • You own all copyright in the content, or if You are not the owner, that You have permission to use the content, and that You have the right to display, reproduce and sell the content. You license Pingg to use and sub-license the content in accordance with this agreement;
  • You and Your Work do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
  • You or Your Work, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
  • Your Work does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Your Work does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
  • Your Work is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions

Royalty-free clip art is permitted, but only so long as the source licenses the art for reproduction in items for sale or re-use. Many clip art books only allow for reproduction for 'personal use' only.

Collection Profile and Gallery URL

As a user of pingg Studio you receive a personalized web address (URL) on the pingg domain to identify your gallery. This URL is based on the profile name you submit (e.g. www.pingg.com/gallery/designer/your-name) and may be customizable upon request. We ask that you refrain from using names or addresses that could be considered infringing, misleading, inappropriate, or otherwise objectionable. We do not guarantee the availability of any particular name, web page or URL. We reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate, request renaming, and/or transfer any such web page or URL on the pingg domain. In such cases, we may, at our option, provide you with another web page and URL.

As a user of pingg Studio you create a profile to describe yourself and/or your business. This may include among other things a background, bio, description of your business, description of your designs, link to associated web sites or stores, etc. You are responsible for any and all information that you enter into pingg Studio associated profiles and design attributions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.

Profile Links to Third Party Sites

You may provide and make accessible to pingg users links to other websites or resources on the World Wide Web via the tools in the pingg Studio. You are responsible and liable for links that you provide or are posted in your pingg Studio profile and associated pages. You acknowledge and agree that pingg is not responsible for the availability of such links or to the external sites or resources, nor does pingg endorse and is not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources.

Promotion

Pingg, in its sole discretion, may curate collections and the various pages of its Site with relevant designs from Your Work and determines what content from Your Work is searchable to pingg users. We may use Your Works for promotional purposes i.e. advertisements, banner ads on pingg and third party sites, blogs posts and email marketing. We will endeavor to provide appropriate attribution in such instances.

Removal of Your Work

You understand and agree that We do not control Your Works nor do We have any obligation to review or promote them via the our Site; additionally, We do not guarantee the accuracy, integrity or the quality of Your Work; however, Pingg reserves the right to review and if necessary remove any content from the Studio and/or Site or to cancel your account at its sole discretion. Circumstances under which We may remove Your Work include, but are not limited to, violation of the terms of this agreement, abuse of the Service, notification of possible infringement of another's rights, privacy concerns, compliance with laws and in the assistance of law enforcement.

We respect the intellectual property of others, and ask users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If You believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

Additionally, You may remove Your Work from the Studio at any time using tools in the studio. You may also request that we remove Your Work from public areas of our Site. If you request this we will make commercially reasonable efforts to close your Studio account, suspend future use of Your Works, and remove Your Works from the various public gallery pages, collection pages, tagged collections and promotional areas of our Site. However, because of the nature of our Service we cannot guarantee removal and most likely will not be able to remove Your Works from all areas in every instance. As example, your work may have been featured in blog posts or content articles and will remain archived or in public view on the site. It will also be likely that several instances of Your Works will have been personalized and used by pingg users. Those ‘personalized' instances will remain in either public or archived access on the pingg.com domain and perhaps also on third party sites.

Rewards Payments

Pingg operates various reward programs to share cash prizes with designers. Payments are subject to varying terms based on the program and are defined in the program FAQs. Generally, payments are subject to receiving qualified tax forms, will be delivered on a quarterly basis and subject to minimum earning requirements. Payments are delivered in US Dollars. It is Your responsibility to account for and pay Your appropriate tax liability.

pingg Plus designer Program

The pingg Plus designer program allows pingg to share revenue with participating members. Once you have joined the pingg Studio you may apply to become a member of the pingg Plus designer program. Pingg, in its sole discretion, chooses members of the program. Pingg curates membership based on a number of criteria including quantity, quality and relevancy of designs, collection usage statistics, overall Site needs, general business needs and trends in user behavior.

As member of the pingg Plus designer program, we will offer your invitations and card designs as a part of the pingg Plus event upgrade. In order to use and personalize your design, a user must pay for the pingg Plus upgrade. As a result, for events where your designs have been selected, pingg shares a portion of the pingg Plus revenue with you.

The current payment structure is a 50% share of net revenue received from each pingg Plus upgraded event featuring your design. Net revenue is defined as the gross revenue (i.e. amount pingg receives for a pingg Plus upgrade) less gross production costs (i.e. hosting, email delivery, credit card processing fees etc, and promotional discounts offered) of our service. pingg Plus designer FAQ for current production costs and examples payouts structures.

pingg Plus designer program payments are paid quarterly i.e. March, June, September and December. To receive payment you must have earned at least $50 in any given quarter. If your earnings are less than $50 in any given quarter, your earnings roll over to next quarter and continue to roll each subsequent quarter until the $50 minimum has been reached. If we reach a full year and you have not earned $50 you may request for payment to be delivered.

You are responsible for the reporting and payment of any tax liability that arises as a result of receiving payments from pingg. Pingg will not withhold any taxes, though if your payments from pingg exceed $600 in the calendar year pingg will provide you with the appropriate US tax forms (i.e. 1099 form) for reporting your payments to the IRS.

For additional information review the pingg Plus designer FAQ

Brand Reputations and Trademarks

We acknowledge the value of our respective brands and the value that can be created by supporting You Work. We make every effort to support members using the pingg Studio to ensure that trademarks and brand reputations are honored. We appreciate your support of the other member brands, artists, designers, organizations, and charities that participate in this program. We ask that you make no misleading, infringing or negative impressions other members. If you have any questions regarding appropriate branding attribution or usage please contact us to do so.

Modification / Restriction of Services

We reserve the right, at any time and from time to time at our sole discretion and without notice, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use of the Services permitted, and (iii) restricting or terminating any user's right to use the Services, with or without notice; (b) charge fees in connection with the use of the Studio; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither We nor any of our affiliates, shall be liable to You or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services.

Indemnification

You agree to indemnify, defend and hold harmless Pingg, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from your use of the Site and/or the Services, including, but not limited to, all Content therein and any products or services obtained by You through the Site and/or the Services, the violation of these Terms of Service by You, the infringement by You (or other user of the Services using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PINGG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICES. PINGG MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SERVICES. PINGG MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINGG OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Liability Disclaimer

PINGG SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PINGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; YOU SPECIFICALLY AGREE THAT PINGG IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Termination

Your privilege to use pingg Studio Services depends on your compliance with the guidelines set forth in these Terms of Service. We may revoke your privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the Services for any reason at any time.

Notices

Pingg may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to Pingg in writing via email or as otherwise expressly provided by Pingg. Pingg may broadcast, distribute or display notices or messages through the Services to inform you of changes to these Terms of Service, the pingg Studio, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

Governing Law and Other Miscellaneous Terms

These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and Pingg. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Pingg to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be 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. Pingg may assign these Terms of Service, in whole or in part, at any time with or without notice to You. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Pingg's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between You and Pingg relating to the subject matter herein and shall not be modified by You except in writing, signed by both parties. These Terms of Service will inure to the benefit of Pingg's successors, assigns and licensees. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to contact@pingg.com.

You may also contact us by writing to:

pingg corp.
36 East 20th Street 3rd Floor
New York, NY, 10001
or by calling us at 646-277-7345.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.