Privacy & Terms

Introduction

pingg corp. (“Pingg” or “we”) is strongly committed to protecting your privacy and the personal information that You may provide as You access and use the materials on the Site and the Services. This Privacy Policy sets forth the policies of Pingg. Any terms not defined in this Privacy Policy shall have the meanings set forth in the Terms of Service. Pingg may amend this Privacy Policy from time to time at any time by updating this page. By accessing or using the Site or the Services or by submitting Materials, You agree to Pingg’s use of such information subject to the Privacy Policy as of the date of access or submission. This Privacy Policy was last updated as set forth above. Any capitalized terms not defined herein shall have the meanings set forth in the Terms of Use.

Information That We Collect and How We Use It

Pingg collects certain information from our users when they access and use the Site and Services (the “Collected Information”). We will not make available, including without limitation trading, selling or transferring, any of the Collected Information to third parties, except that we may disclose certain Collected Information to third parties who perform services on our behalf in connection with maintenance and operation of the Site or the Services or who need access to the Collected Information in connection with Services or as otherwise set forth herein. By submitting Collected Information, you acknowledge and agree that Pingg will have access to such information for purposes of providing the Services and you consent to such use, including transmission of such information to Pingg service providers, contractors and affiliates. In addition, Pingg may disclose Collected Information in response to inquiries by rights owners in connection with allegations of infringement of copyright or other proprietary rights arising from any information that You have posted on the Site or the Services or otherwise provided to Pingg.

Cookies

Pingg may use browser cookies on this Site to keep track of your visit when You access the Site and use the Services. A “cookie” is a small amount of data that is sent to your browser and stored on your computer’s hard drive. We may use cookies to aggregate demographic information and the types of systems and browsers of users for internal purposes, to better understand the users of our Site and Services, identify subject areas of interest, and determine whether the Site is designed to work with the computer settings of a majority of our visitors. With most Internet Browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored on your computer. Please refer to your browser instructions to learn more about these functions. Be advised that certain sections or functionalities of the Site may be inaccessible to You if your browser does not accept cookies.

Security Processes

Pingg has in place certain security processes designed to protect Collected Information that is personally identifiable information. Only authorized employees and contractors will have access to such personally identifiable information provided by You. Although we take steps to protect such personally identifiable information, Pingg cannot guarantee that such personally identifiable information will not become accessible to unauthorized persons.

Links to Other Web Sites

Pingg is not responsible for the privacy practices or the content of any web sites to which we provide a link from this Site or through the Services. We encourage you to review the privacy policies of any such sites before You submit any information there.

Compliance with Law

The Site and the Services are controlled and operated by Pingg from the United States and is not intended to subject Pingg to the laws or jurisdictions of any territory other than the United States. Pingg will comply with all applicable U.S. privacy laws and regulations. We may be compelled to surrender information to United States or other legal authorities without express user consent if presented with a court subpoena or similar legal order, or as required or permitted by the laws, rules and regulations of any nation, state or other applicable jurisdiction. In the event of an alleged violation of the Terms of Service of this Site or an alleged violation of any restrictions on use of materials provided in or through this Site, we may disclose Collected Information that is personal user information to our affected business partners or legal authorities.

Change and/or Delete Information

You may correct, update, and/or delete any Collected Information that is personally identifiable information for you that you submit to this Site or through the Services. To do so, please contact us at contact@pingg.com.

If you have any questions about this Privacy Policy, or Pingg’s practices for operation of this Site, please contact us at contact@pingg.com.

Acknowledgment and Acceptance of Terms of Service

Welcome to the pingg corp. (“Pingg”, “we” or “us”) website. When using our Services (as defined below) offered on or through our website at www.pingg.com (together with any successor site(s), and content thereon the “Site”), you (“You” or “User”) agree to the following terms and conditions (the “Terms of Service”).

These Terms of Service comprise the agreement between You and Pingg and supersede all prior agreements between You and Pingg regarding the subject matter described in these Terms of Service. Also, when using particular Services on or through our Site, You 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 these Terms of Service.

If You do not understand or agree with the Terms of Service, You can not use this Site or its Services and You can not register to be a member of the Site. You can contact Us with any questions or concerns regarding these Terms of Service by emailing Us at contact@pingg.com.

BY ACCESSING OR USING ANY OR PART OF THE SITE OR THE SERVICES, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use the Site as long as You adhere to these Terms of Service.

Overview

The Site provides to its users certain services from time to time, including without limitation, the ability to create, send and manage invitations (including designing custom invitations using purchased images) and to access content that includes invitation and party planning content, ideas, gift registries, event message boards, and tools (together with the Site, collectively, the “Services”). These Terms of Service apply to the Services.

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.

Privacy Policy

Pingg’s respects the privacy of its users. Pingg’s policy regarding information it may collect from You and how that information is used is governed by Pingg’s Privacy Policy (to access, click on this link ) which is incorporated herein by reference.

Your Password and Account Information

You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Services to any third party. You are also solely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account. You agree to log off/exit your account at the end of each access. We and You agree that We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

In consideration for using the Services, You agree to provide complete and accurate information about You when using the Services, including without limitation, promptly updating such information to keep it complete and accurate. Pingg reserves the right to terminate your account and your access immediately and your right to use the Pingg Service if any information is reasonably believed to be incomplete or inaccurate at, Pingg’s sole discretion.

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. Pingg reserves the right to immediately terminate your use of the Site and the Services if determines You have not complied with these Terms of Service at its sole discretion.

Use of 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.

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 (“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, 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 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. Subject to the terms of Pingg’s Privacy Policy, You agree that, if you post any Materials through the Services, you automatically grant to Pingg, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials 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 Materials that you post to the Services.

Notwithstanding the foregoing, to the extent that any Materials contain creative suggestions, recommendations, reviews, ratings, ideas, notes, drawings, photos, graphics, data, text, images, messages or other information submitted to Pingg, other than for use in an invitation, or your personal information submitted when you register to use the Services (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Pingg. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you agree to and hereby assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form, medium or technology now known or later developed without compensation to the provider of the Submissions.

You acknowledge and agree that we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Services or otherwise stored in connection with the Services. We may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Services, and the circumstances surrounding the transmission thereof, to (a) any third party in order to operate the Services, (b) comply with applicable laws, (c) respond to governmental inquiries or requests, (d) comply with valid legal process, (e) protect the rights, privacy, safety or property of Pingg, the Site users or the public, (f) permit us to pursue available remedies or limit the damages that we may sustain, and/or (g) enforce these Terms of Service.

Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for (1) any loss or damage caused by your reliance on Materials in any way, including, but not limited to, for any inaccuracies, 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 (2) the opinions expressed in reviews and user ratings reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions.

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.

Your privilege to use the Services depends on your compliance with the “Conduct” 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.

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.
Use the Services to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Services in a commercial manner.
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.

In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able 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. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.

You acknowledge and agree that You are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Services, and paying all charges related thereto.

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.

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.

Pingg Plus+ Gallery

If You select an image from the Pingg Plus+ Gallery, the fee of ten dollars ($10.00) You will be charged is composed of the license fee for the use of one (1) image from the image provider Fotolia plus the Pingg invite creation and integration services charge.

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.

LIMITATION OF LIABILITY

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 and Modification of the Pingg Service

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.

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.

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.

Copyright and Copyright Notices

We respect the intellectual property of others, and we ask our 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 provide our Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact our Copyright Agent for Notice of claims of copyright infringement at:

Registered Copyright Agent:

Marcus Wilkonsin
Shipman & Goodwin LLP
One Constitution Plaza
Hartford, CT 06103-191

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.

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. We will announce any such change by posting the revised draft of these Terms of Service on the Site. 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 the terms of these Terms of Service or any changes thereto, please do not use this Site.

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