‘Pinion Terms of Use

‘Pinion is a service that allows users to answer open-ended questions as they see fit and to see how others also answered in addition to other features.

These Terms of Use (“Terms“) govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the “Services” or “‘pinion”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

A. Sharing Your Content and Information

To the extent allowed by law, ‘pinion owns all of the content and information you post on ‘pinion.

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ‘pinion (IP License). This IP License does not end when you delete your IP content or your account.

This license is you authorizing us to make your words and combination of words that become an answer to an open-ended question available to the rest of the world and to let others do the same.

When you use an application like ‘pinion, the application may ask for your permission to access your other content and information, such as Facebook and Twitter content and information, as well as content and information that others have shared with you. This agreement controls how the ‘pinion application can use, store, and transfer that content and information.

For those of you using Facebook, to learn more about the Facebook Platform, including how you can control what information other people may share with applications, review Facebook’s Data Policy. For those of you using Twitter, to learn more about the Twitter Platform, including how you can control what information other people may share with applications, review Twitter’s Privacy Policy.

When you publish content or information, it means that you are allowing everyone, including all others having access to access and use that information, and to associate it with you (i.e., your name and profile picture).

You agree that this license includes the right for ‘pinion to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with ‘pinion for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

‘Pinion partners can interact with your Content. Such additional uses by ‘pinion, or other companies, organizations or individuals who partner with ‘pinion, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. ‘pinion will not be responsible or liable for any use of your Content by ‘pinion in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

B. Copyright Policy

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ‘pinion will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

‘Pinion, Inc.
Attn: Copyright Agent
211 North 1st Street, STE 370, Minneapolis, MN 55401
Email: support@pinion.us

C. Use of ‘Pinion

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

What you answer to the open-ended questions on ‘pinion may be viewed all around the world instantly.

You may use the Services only if you can form a binding contract with ‘pinion and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that ‘pinion provides may evolve and the form and nature of the Services that ‘pinion provides may change from time to time without prior notice to you. In addition, ‘pinion may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by ‘pinion on the Services are subject to change. In consideration for ‘pinion granting you access to and use of the Services, you agree that ‘pinion and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

D. Privacy

Any information that you provide to ‘pinion is subject to our Privacy Policy, which describes our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by ‘pinion.

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your ‘pinion account, which you may not be able to opt-out from receiving.

E. No Unlawful or Malicious Use of the Services

By using the Services you agree as follows:

  1. You will not post unauthorized commercial communications (such as spam) on ‘pinion.
  2. You will not access ‘pinion, using automated means (such as harvesting bots, robots, spiders, or scrapers).
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not bully, intimidate, or harass any user.
  6. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  7. You will not use ‘pinion to do anything unlawful, misleading, malicious, or discriminatory.
  8. You will not do anything that could disable, overburden, or impair the proper working or appearance of ‘pinion, such as a denial of service attack or interference with page rendering or other ‘pinion functionality.
  9. You will not access, tamper with, or use non-public areas of the Services, ‘pinion’s computer systems, or the technical delivery systems of ‘pinion’s providers.
  10. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
  11. You will not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ‘pinion (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ‘pinion (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of ‘pinion is expressly prohibited).
  12. You will not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
  13. You will not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

F. Passwords, Registration and Account Security

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols with your account. ‘Pinion cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

G. Content

You will not post content or take any action on ‘pinion that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information you post on ‘pinion if we believe that it violates our policies. If you repeatedly infringe other people’s intellectual property rights, we may disable your account when appropriate.

You will not use our copyrights or trademarks, or any confusingly similar marks, except with our prior written permission. You will not post anyone’s identification documents or sensitive financial information on ‘pinion.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ‘pinion, its users and the public.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will ‘pinion be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

H. Your License to Use the Services

‘Pinion gives you a personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the software that is provided to you by ‘pinion as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ‘pinion, in the manner permitted by these Terms.

I. ‘Pinion Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of ‘pinion and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the ‘pinion name or any of the ‘pinion trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ‘pinion, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

J. Deactivating Your Account

You may deactivate your accounts and discontinue your use of the Services. You do not need to specifically inform ‘pinion when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.

Nothing in this section shall affect ‘pinion’s rights to change, limit or stop the provision of the Services without prior notice.

K. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of ‘pinion and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “’Pinion Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ‘PINION ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.

We try to keep ‘pinion up, bug-free, and safe, but you use it at your own risk. We are providing ‘pinion as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that ‘pinion will always be safe, secure or error-free or that ‘pinion will always function without disruptions, delays or imperfections. ‘Pinion is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or ‘pinion, even if we have been advised of the possibility of such damages.

The ‘Pinion Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the ‘Pinion Entities or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the ‘Pinion Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the ‘Pinion Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

L. General Terms

Waiver and Severability

The failure of ‘pinion to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Minnesota without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Hennepin County, Minnesota, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Minnesota (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between ‘pinion and you regarding the Services (excluding any services for which you have a separate agreement with ‘pinion that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ‘pinion and you regarding the Services. Other than members of the group of companies of which ‘Pinion, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at pinion.us/terms. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by ‘Pinion Inc., 211 North 1st Street, STE 370, Minneapolis, MN 55401. If you have any questions about these Terms, please contact us.
Effective: January 1, 2016

© 2017 Opinulate, LLC.
‘Pinion, pinion.us and the ‘pinion logo are trademarks of Opinulate, LLC. All rights reserved.

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