Terms of Use
Last updated: 28th December 2022
1. About These Terms Of Use
This Terms of Service (“Terms”)
is a legally binding agreement between Pinso,
Inc. (“Pinso, Inc.” “we” or “us”) and you (“you” or “User”).
Please take the time to read them carefully. If you are under age 18, you may
only use the Services with the consent of your parent or legal guardian. Please
be sure your parent or legal guardian has reviewed and discussed these Terms
with you.
By accessing or using our Services, you
confirm that you can form a binding contract with Pinso,
Inc., that you agree to accept these Terms and that you agree to comply with
the Terms, which we may update from time to time. Your access to and use of our
Services is also subject to our Privacy Policy(which
is a part of the Terms) which cover how we collect, use, share and store your
personal data. By using the Services, you consent to the terms of the Privacy
Policy
Our Apps download/purchase page may contain
certain additional terms, conditions and requirements, which constitute a part
of the Terms. In case you download/purchase the Apps through an online store
such as Google Play Store, Apple App Store, etc. (“Online Store”), please, review the terms and conditions of
the owner of that particular Online Store, which may provide for certain
additional requirements applicable to the download of the Apps through that
Online Store, its installation and use.
The Services may contain specific rules,
controls and guidelines, which can be found within the Services themselves and
which are related to the use of the Services. Such rules, controls and
guidelines form a part of the Terms and you agree that you will comply with
them.
If you do not agree to any term of this Terms,
please do not, either directly or indirectly, use or access to the Pinso, Inc. Services in any way.
2. Changes And Severability
We amend these Terms from time to time. We
reserve the right, at our discretion, to change, modify, add or remove portions
of the Terms at any time by posting the amended Terms. If there is a material
change, we will use commercially reasonable efforts to generally notify all
users of any material changes to these Terms. We will also update the “Last Updated” date
at the top of these Terms, which reflect the effective date of such Terms.
Unless we state otherwise, the changes are effective immediately upon posting.
Your continued access or use of the Services after the date of the new Terms
constitutes your acceptance of the new Terms. If you do not agree to the new
Terms, you must stop accessing or using the Services.
If any portion of the Terms is deemed to be
illegal or unenforceable, the remainder of the Terms shall be unaffected and
shall continue to be fully valid, binding, and enforceable.
3. Requirements To Use
We also reserve the right, in our sole
discretion and at any time, to discontinue or modify our Services or any part
thereof or remove or edit Content (as defined below), without prior notice
either permanently or temporarily, at which point your right to use those
Services or any part thereof will be automatically terminated or suspended.
The transmission of information over wireless
and wired networks is not inherently secure. We use many tools to help to
protect your personal data against unauthorized access or disclosure, however,
we may not guarantee that your personal data or private communications will
always remain private when using our Services. You accept all responsibility
for such security risks and any damage that may result therefrom. It is also
your sole responsibility to use all reasonable and recommended measures (such
as complex passwords, etc.) in order to secure your device from any
unauthorized access.
U.S. GOVERNMENT RESTRICTED RIGHTS: Our
Services have been developed entirely at private expense and are provided
as “Commercial Computer
Software” or “restricted
computer software”. Any use, duplication or disclosure
by the U.S. Government or a U.S. Government subcontractor is subject to the
restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in
subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted
Rights clauses at FAR 52.227-19, as applicable.
Any download of our Apps and use of our
Services shall be in compliance with all relevant international, U.N., USA or
EU sales, export or import restrictions and regulations and you agree to comply
with them. You represent and warrant that (i) you are
not located in a country that is subject to U.S. Government embargo, or that
has been designated by the U.S. Government as a „terrorist supporting” country; and (ii) you are not listed in any U.S. Government or
EU sanction list of prohibited or restricted parties and you comply with
relevant U.S. Government and EU sanctions and embargos; and (iii) you are
solely responsible for compliance with all applicable laws, including without
limitation export and import regulations, when using the Services.
4. Purchases In The
Services
When you make in-app purchases ("Virtual
Items"), the payment for such purchases may be processed either by third
parties on our behalf, or directly by the owner of the Online Store. If you
download the Apps from the Online Store owner, when you purchase Virtual Items
in our game, Pinso, Inc. is not a party to the
transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please
review the platform’s terms of service for additional
information. Thus, if you have any payment related issues (including
cancellation or refund requests), then you will need to contact the respective
Online Store owner directly.
You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts
of any Virtual Item do not refer to any credit balance of real currency or its
equivalent. Any “virtual currency” balance shown in your account does not constitute a real-world
balance or reflect any stored value, but instead constitutes a measurement of
the extent of your limited license.
Please note that you only purchase a limited,
revocable, non-transferrable license for personal use of Virtual Items in the
Services. Virtual Items are not “sold” to you. You agree that you do not
own any Virtual Items that you obtained through the Services, regardless of
whether you earned those Virtual Items or purchased them.
When making purchases in the Services, you
agree that the digital content will be available to you immediately, and
acknowledge that you will lose your rights to the 14 days cancellation period
and refunds available for EU and EEA residents.
Some of Pinso,
Inc.’s Games may offer
subscription-based Services. If you purchase a subscription, then by clicking
the purchase button you are requesting that we begin supplying the subscription
Services immediately and you are entering into a recurring subscription
contract with Pinso, Inc.. You
are also authorizing a charge to you on a recurring subscription fee at the
rate quoted at the time of purchase. By purchasing a subscription, we will
automatically charge on a recurring basis the payment method associated with
your account. For subscription Services purchased in a Pinso,
Inc. Game played on a platform such as Apple or Google, the applicable platform
will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.
Trial subscriptions are offered free of
charge for a certain period of time from activation specified in the relevant
trial offer in the Game. If you do not cancel the subscription within such
trial period, the trial subscription will automatically convert into a paid
subscription for the fees and for the subscription period set out in the Game
at the time of the activation of the trial period. You may cancel a
subscription during its free trial period using the subscription setting of your
account.
Your subscription will automatically renew
each subscription period unless and until you terminate your subscription or we
terminate it. You must cancel your subscription before it renews, otherwise
payment of the subscription fees for the next period will be taken
automatically via your chosen payment method. In case the subscription fee
cannot be taken from your account due to absence of monetary funds, invalidity
of credit card or for any other reason, your subscription will be automatically
cancelled.
Except where required by applicable law, paid
subscription fees are non-refundable.
YOU ACKNOWLEDGE THAT Pinso,
Inc. IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT
RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS
CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE
A PAYMENT THROUGH OUR SITE OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK,
OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
5. Ownership And License
Pinso, Inc. shall own all rights, titles and
interests (including but not limited to the ownership, intellectual property
rights, neighboring rights and other rights and interests) in and to the Pinso, Inc. Services under this Agreement. You acknowledge
that your use of the Pinso, Inc. Services does
not confer you any right or interest or otherwise, in any aspect or feature of
it, your use of the Pinso, Inc. Services may
cease to be available to you at any time without prior notice in the sole
discretion of Pinso, Inc..
Any or all of the Pinso,
Inc. Services (including trade secrets, database rights, copyright, patent,
trademark and other intellectual property rights and interests thereof) are
copyrighted and protected by any applicable laws (including but not limited to
any applicable copyright laws and international treaties).
Pinso, Inc. remains the sole owner of rights,
titles and interests (including intellectual property rights, neighboring
rights and other rights and interests) in and to the Pinso,
Inc. Services. You acknowledge and agree that you may not have any right or
interest as a result of using the Pinso, Inc.
Services, except explicitly granted to you under this Agreement.
6. User Generated Content
On certain areas of the Services or
otherwise, you may be able to chat with other users, and submit texts, files,
images, photos, videos, sounds, musical works, works of authorship, text
postings and other materials and content (“User Generated Content” or “UGC”). Your posting of UGC is subject to the Terms and the
following posting rules (“Posting
Rules”):
YOU UNDERSTAND AND AGREE THAT Pinso, Inc. MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT
NOTICE, IF Pinso, Inc. DEEMS THAT YOU MATERIALLY
BREACH THESE POSTING RULES, THE TERMS, APPLICABLE LAW, OR FOR ANY OTHER
REASON. Pinso, Inc. ASSUMES NO LIABILITY FOR ANY
INFORMATION REMOVED FROM OUR SEVICES AND RESERVES THE RIGHT TO PERMANENTLY
RESTRICT ACCESS TO SERVICES.
7. Ownership And License
Of UGC
After posting your UGC on or through the
Services, you continue to retain all ownership rights in such UGC, and you
continue to have the right to use your UGC in any way you choose, subject to
the Terms and the license described herein (“UGC License”).
A. Scope Of License.
By displaying, publishing, or otherwise
posting any UGC on or through the Services, you hereby grant to Pinso, Inc. the non-exclusive, irrevocable, worldwide,
royalty free license to edit, adapt, publish, modify, reproduce, distribute,
publicly display and use your UGC and any derivative works we may create from
it, in any and all media (whether it exists now or in the future), for any
purpose, in perpetuity, without any payment to you. To the extent allowed by
applicable laws, you agree to waive any moral rights you may have in Feedback (e.g. the right to be identified as the author of
Feedback or the right to object to a certain use of Feedback). Any UGG you
submit on or through the Services will be considered non-confidential and
non-proprietary. If you have any idea or information that you would like to
keep confidential and/or do not want others to use, please refrain from posting
it.
B. Representations.
You represent and warrant that: (i) you solely own the UGC displayed, published or
posted by you on or through the Services or otherwise have the right to grant
the license set forth herein, and (ii) the displaying, publishing or posting of
your UGC does not violate infringe on the rights of any third party, including
any copyright, trademark, patent, trade secret or other intellectual property
right, or the privacy rights, publicity rights, contract rights or any other
rights of any person. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any UGC displayed, published or posted by
you to the Services. Except for your UGC, you may not edit, adapt, publish,
reproduce, distribute, publicly display and use any UGC appearing on the
Services.
8. User Feedback
If you provide us with any suggestions for
enhancement or feedback regarding the Services, you agree that we will have a
perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide
license to use such suggestions and feedback, including by incorporating your
suggestions or feedback in the Services, without any obligation to compensate
you. To the extent permitted by applicable law, you waive any moral rights you
may have in such suggestions and feedback.
9. Links to Third Party Websites or Resources
The Services may contain links to third-party
websites or resources. We provide these links only as a convenience and are not
responsible for the content, products or services on or available from those
websites or resources or links displayed on such websites. Please review our
Privacy Policy which explains what information we share with advertisers. You
acknowledge sole responsibility for and assume all risk arising from, your use
of any third-party websites or resources.
10. Indemnification
If you violate the law or breach these Terms,
and your violation or breach results in loss or damage or a claim or liability
against us, you agree to indemnify, defend and hold us harmless from (which
means you agree to compensate us for) that loss, damage, claim or liability,
including our legal fees and expenses. We may take exclusive charge of the
defense of any legal action for which you are required to indemnify us under
this section, at your expense. You agree to cooperate in our defense of these
actions. We will use reasonable efforts to notify you of any claim for which
you are obligated to indemnify us. You agree not to settle any matter without
the prior written consent of Pinso, Inc..
11. Limitation of Liability
12. Waiver Of Our
Rights
Our failure to exercise or enforce any of our
rights under the Terms does not waive our right to enforce such right. Any
waiver of such rights shall only be effective if it is in writing and signed by
us.
13. Terms, Termination And Survival
A. Term.
The term of this agreement commences on the
date you first indicate your acceptance of the Terms and will continue in
effect until otherwise terminated in accordance with the Terms. Pinso, Inc. reserves the right to suspend, discontinue,
enhance, update or otherwise modify the Services (or any of its features or
functionalities), or their availability to you, at any time without providing
any prior notice.
B. Termination
C. Survival Of Terms.
All provisions of the Terms with regard to
privacy, intellectual property rights, ownership and license of UGG, user
feedback, warranty disclaimer, limitations of liability, indemnification,
governing law, severability, waiver of our rights and dispute resolution will
survive the termination.
14. Governing Law
Further, you and we agree to the jurisdiction
of the courts in Santa Clara County, California to resolve any dispute, claim,
or controversy that relates to or arises in connection with the Services (and
any non-contractual disputes/claims relating to or arising in connection with
them).
15. Dispute Resolution
Most concerns can be solved quickly by
contacting us In the unlikely event that we cannot solve your concern and you
wish to bring legal action against us, then that dispute will be subject to the
jurisdiction of the courts of Hongkong.
16. Force Majeure
Neither you nor we will be liable for any
failure to perform any obligation under the Terms or to provide access to
Services of that failure is caused by the happening of any unforeseen event
beyond your or our reasonable control, including without limitation, war,
terrorism, riots, embargoes, Internet outages, network infrastructure failures,
natural disasters, fire, flood or act of God.
17. Other Terms
A. Entire Agreement.
These Terms constitutes the whole legal
agreement between you and Pinso, Inc. and govern
your use of the Services and completely replace any prior agreements between
you and Pinso, Inc. in relation to the Services.
B. Assignment And Novation.
We can assign, novate, subcontract or
otherwise transfer the Terms to a third party or an affiliate of Pinso, Inc. if necessary for the support of our Services,
as part of any reorganization, change of control, or for any other business
reasons. You may not assign or transfer your rights or obligations under the
Terms to anyone without first obtaining our written consent. Any attempt to
assign without our consent is void.
C. Informal Process First.
You agree that in the event of any dispute
between you and Pinso, Inc., you will first
contact Pinso, Inc. and make a good faith
sustained effort to resolve the dispute before resorting to more formal means
of resolution, including without limitation any court action.
D. No Beneficiaries.
A. The Terms governs the relationship between
you and us and does not create any rights for anyone else. Notwithstanding the
foregoing, in the event of a valid assignment or transfer, the Terms shall be
binding on and inure to the benefit of the relevant party’s representatives, successors, and
permitted assigns.
E. No Right To Obligate
The Other.
The Terms does not create a partnership,
joint venture or similar relationship between the parties, and neither party
will have the power to obligate the other party in any manner whatsoever.
F. Governing Language.
Pinso, Inc. may translate this Terms into other
languages. If there is any difference between the English version and other
language versions, then the English version, subject to applicable laws and
regulations, shall prevail.