Pitnit Inc. Terms & Conditions

Last Updated: April 10, 2017

Acceptance of Terms & Conditions

Pitnit, Inc. (“Pitnit,” “we,” “us,” or “our”) provides the Pitnit website, located at www.pitnit.com, the Pitnit mobile application, and various related services (collectively, the “Site” or “Website”) to you, the user of the Site (“you” or “your”). We offer you access to the Site subject to your compliance with the terms, conditions, and notices contained or referenced herein (the “Terms”). By accessing or using the Site you: (1) acknowledge that you have read, understand, and agree to be bound by the Terms, including our Privacy Policy incorporated herein by reference, which is available at http://www.pitnit.com/legal/privacy (the “Privacy Policy”); (2) represent that you have the authority to enter into the Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy); (3) represent that you are eligible to enter into these Terms pursuant to the eligibility requirements set forth below; and (4) agree that you are entering into these Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy) with Pitnit. In addition, when using particular services or materials on the Site, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in the Terms. All such guidelines or rules are hereby incorporated by reference into the Terms. If you do not agree to all the terms and conditions of the Terms, or if you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the Site.

We may update or change our Terms from time to time. If we make material changes to the Terms, we will notify you by posting the revised Terms on our Site or by notifying you at your email address (specified in your account). Your continued use of the Site after such notification of changes as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Site. We advise you to review our Terms periodically for any such changes.


Eligibility to Accept the Terms

You must be at least 13 years of age or older to access or use the Site. By accessing or using the Site you affirm that you are at least 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. If you are under 13 years of age, you are not permitted to use the Site. If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you to terminate your account and the Terms. If you do not meet the eligibility requirements as set forth above, we have no obligations to you under the Terms. You must be at least 18 years or older in order to add a business listing on Pitnit. By adding a business on Pitnit you warrant that you are above 18 years of age and will be legally bound by this Agreement. You represent that you possess the required authority to provide such business information to Pitnit.


Permissions to Access the Site

Subject to your compliance with the Terms, Pitnit hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to access and use, over the Internet, the Site, provided that: (a) your use of the Site as permitted is solely for your personal, non-commercial purpose and not otherwise inconsistent with the Terms; (b) you will not resell or charge others for use of or access to the Site; (c) you will not duplicate, reproduce, transfer, give access to, copy or distribute any part of the Site in any medium without our prior written authorization; (d) you will not attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the Site, except as expressly permitted by applicable law (provided that you request such code from us in writing in advance and we fail to comply with such legal requirement within thirty (30) days of such request); and (e) you will not access any part of the Site in order to build a similar or competitive service.


User Account & Registration

Registration of a user account on the Site is optional; however, some services and features require the registration of an account on the Site. When you register a user account on the Site, you warrant that all the registration information provided by you is true, accurate, current and complete.

You agree to take full responsibility for maintaining the confidentiality of your user account password and you will be solely responsible for all the activities that are generated through your user account. In the event you suspect or detect any unauthorized use of your account or any security breach, you agree to inform us immediately.

Content-related Terms

You, and other users of the Site, may submit content such as posts, messages, photos, business details, music videos, and any other material (collectively, the “User Content”). You understand and agree that you are solely responsible for all User Content you submit or make available to the Site. We cannot, and do not monitor or control the accuracy, quality, reliability or genuineness of any content that is made available through the Site and we do not take any responsibility for any User Content. You agree that you have the required legal authority to submit your User Content and that such User Content does not violate the rights of any third party. We are not liable for damages of any kind resulting from your use of any User Content or other content available on the Site. We may, at anytime and in our sole discretion, choose to refuse to post, move, or delete any content (including User Content) on our application that we believe may violate our terms or for any other reason whatsoever.

Before you post any User Content on the Site, you represent and warrant that you have the necessary rights and license to post such User Content. You represent and warrant that your User Content will be free of any claims by any third party and should not violate any copyrights or other legal rights of any other person or entity, including the right to privacy. You represent and warrant that your User Content will not violate any applicable laws or regulations. We hold no responsibility for any unauthorised content (including feedbacks, ideas or suggestions, or any other content) being posted by you or any other user of the Site.


Adding a Business Listing

When you add a business listing on the Site, you are required to provide us certain business-related information, including name of your business, business contact numbers, address, email, description of business, business category, and keyword information. You understand and agree to our use and distribution of your business information as per guidelines mentioned in our Privacy Policy. When you add a business listing to the Site, you warrant that you have the required authority to provide such business information to Pitnit.

We may obtain information related to business listings from other, external sources, including those that are available publicly. In some cases, we may also make use of the Foursquare®API in order to provide you adequate search results when you use Pitnit to find businesses. We do hereby declare the following in this regard:

“Pitnit uses the Foursquare® application programming interface but is not endorsed or certified by Foursquare Labs, Inc. All of the Foursquare® logos (including all badges) and trademarks displayed on Pitnit are the property of Foursquare Labs, Inc.”


Claim Your Business

In some instances, you may find that your business information already exists on Pitnit. In such a case, you may choose to claim the business as your own.

If you are affiliated with any of the businesses listed on Pitnit, you can claim the business and obtain ownership of your business page. Claiming your business allows you to take full control of it and lets you update, manage and publish the information on our application for free.

To claim a business on Pitnit, you need to create an account on Pitnit. If your business already exists on Pitnit, you can claim it by accessing your business listing page and clicking on Claim Your Business link. Alternatively, you can also send us an email at support@pitnit.com to enable us to transfer the admin rights of your business to your Pitnit account.


DMCA Safe Harbour Infringement

We do not permit copyright infringing activities and infringement of intellectual property rights on the Site, and we will remove any and all content and User Content if properly notified that such content or User Content infringes another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) 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 the service provider to locate the material, including the email address, name and username of the user allegedly infringing the copyrighted work; (d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support@pitnit.com.


Use of Website and Materials

When you submit User Content on the Site, you grant us an irrevocable, unrestricted, royalty-free and perpetual worldwide license to use, modify, adapt, translate, transmit, sell, store, display publicly or privately, create derivative works from, distribute, and promote all such User Content, without any limitations, including, the use of User Content for commercial, promotional, or any other purposes.

You understand and agree that we may use any ideas, concepts, techniques, or any other information that you submit to the Site without your permission or without any payment to you. By posting User Content on the Site, you agree that other users may freely access, view, store or reproduce your User Content for their personal use. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site. We are not liable for any kind of payment or compensation for any such use of your User Content.


Third Party Links

The Site may have external links to other websites, which are totally independent of Pitnit and when you use such links, you do so at your own risk. You acknowledge and agree that Pitnit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pitnit will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly acknowledge and agree that Pitnit shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.


Ownership

Subject to your rights in any of your User Content, Pitnit retains all right, title and interest in and to all intellectual property rights in (a) the Site including, without limitation, text, scripts, graphics, interactive features and the like, and (b) the trademarks, service marks and logos contained therein ("Marks"), owned by or licensed to us. Pitnit reserve all rights not expressly granted in and to the Site and no implied license is granted by Pitnit. Any and all feedback, including without limitation, any flaws, error, bugs, anomalies, problems with and/or suggestions for the Site, provided to us by you (collectively “Feedback”), is hereby unconditionally and irrevocably assigned by you to us, including any and all worldwide intellectual property rights relating thereto. You agree not to engage in the use, copying, or distribution of any of the Site other than expressly permitted herein, including any use, copying, or distribution of content of third parties obtained through the Site for any commercial purposes.


Pitnit Communications

Pitnit may use the email address provided by you to contact you regarding matters concerning your account and to send you notifications related to certain activities taking place on your account. You agree to our use of your email address to contact you for any services related to your account. If you do not wish to receive any communication from Pitnit, write to us at support@pitnit.com. Please note that you may not opt out of receiving certain account related or legal notices from us.


Conditions to Use the Site

  • You are solely responsible for your conduct and for your User Content submitted to the Site.
  • It is your sole responsibility to keep your account information and password safe and secret.
  • You must not submit content that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to child pornography, sexual language of a violent or threatening nature directed at another individual or group of individuals) or encourages, advocates, promotes or provides assistance involving violence, causes or may cause significant risk of death or injury or other conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  • Do not submit content that is false or misleading, or that which impersonates any person or entity or promotes any illegal activities on Pitnit.
  • Do not post content that infringes the copyright, trademark, or other intellectual property rights or proprietary rights of others.
  • You must not write a fake review or write a review that is defamatory or libelous in nature.
  • You must not write a review in return of any kind of compensation from a person or business entity.
  • You must not promote a business for monetary benefits or use the site for commercial purposes, except when you do so in connection with your business account on Pitnit or when you have an authorization from Pitnit.
  • Do not engage in spamming, sending bulk emails, keyword spamming, mass messaging or manipulating the site in any such manner.
  • Do not solicit personal information from a person under the age of 13.
  • Do not use unauthorized automated devices like a robot, spider, site search or retrieval application, reverse engineering or any other means to access, scrape or index any Site content.
  • Do not try to record or process information about other users or populate a database using information on the Site.
  • Do not attempt to gain unauthorized access to the Site or any user accounts or networks connected with the Site by hacking, password mining, or any other means.
  • Do not transmit any computer viruses, worms, or other items of a destructive nature on or through the Site.

Termination and Cancellation

You are solely responsible for cancelling your user account. All account information that you have submitted to us will be removed from the Site when you delete your account. We reserve the right to terminate your account at any time, without giving any reason, or block your access to the Site for any reason, including your breach of the Terms, or a violation of another user’s rights or a violation of law. We reserve the right to change, modify or discontinue a portion or the entire Site at any time, without giving you any notice. We will not be liable to any user due to any modification or discontinuity of the Site.


Release

You acknowledge that Pitnit does not control the interactions between any user and you, nor does Pitnit control any User Content. As such you acknowledge and agree that Pitnit does not assume any responsibility or liability for User Content generated by you or any user of the Site posted anywhere, including without limitation, personally identifiable information posted publicly, or the conduct of, you or any user, and you bear the entire risk of your continued use of the Site, including your interactions with other users. You agree that Pitnit will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense (including attorneys’ fees), incurred as the result of or relating to any User Content, or any interactions with other users or third parties, including disputes between you and other users regarding User Content, user dissemination of your User Content or any other User Content, and any and all other disputes or conflicts arising from your use of the Site. If there is a claim or dispute between you and any other user or third party, Pitnit is under no obligation to become involved. You understand and agree that Pitnit is not responsible or liable in any way for any communication, actions, or conduct between you and other users. You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge Pitnit, and its affiliates, employees, contractors, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to the Terms, your use of the Site, any User Content, or any of your interactions with other users or third parties. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”


Indemnification

You agree to defend, indemnify and hold harmless Pitnit, and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to Site; (b) your violation of any term of the Terms; (c) your violation of any third party right including, without limitation, any copyright, property, or privacy right; or (d) any claim that any of your User Content caused damage to a third party. Your indemnification obligations will survive these Terms and your use of the Site.


DISCLAIMER OF WARRANTIES

PITNITDOES NOT WARRANTTHAT THE SITE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PITNIT, AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY PURPOSE, TITLE, AND NON-INFRINGEMENT, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. PITNIT MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITE, SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR OUR SERVERS, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. PITNIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY USER CONTENT OR OTHER ADVERTISING, AND PITNIT WILL NOT BE A PARTY TO, OR IN ANY WAY BE, RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PITNIT, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITE, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVERS, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, OR (F) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR PRIVACY POLICY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHETHER OR NOT PITNIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT PITNIT SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PITNIT’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SITE, EXCEED FIFTY U.S. DOLLARS ($50.00). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.


Application of Limitations

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.


International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.


Governing Law

The Site (excluding any linked sites) is controlled by Pitnit from its offices located in the state of California, United States. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the state of California, by accessing the Site you acknowledge and agree that the statutes and laws of the state of California will apply to all matters relating to the use of this Site without giving effect to any conflicts of laws principles that would require the application of the laws of another state or jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco, California, United States with respect to such matters.


Miscellaneous

In any action to enforce the Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against Pitnit, or its affiliates, officers, directors, or agents, must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under the Terms to any party, and any purported attempt to do so will be null and void. Pitnit may freely assign its rights and obligations under the Terms. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by Pitnit to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right or provision. All notices to you shall be made in writing and delivered via email to the email address designated by you in your user account. These Terms, together with the Privacy Policy available at http://www.pitnit.com/legal/privacy and any other legal notices published by Pitnit, constitute the entire agreement and understanding between the parties concerning the subject matter of the Terms and supersede all prior agreements and understandings of the parties with respect to that subject matter. The official text of the Terms will be in English. The parties acknowledge that they require that this Agreement be drafted in the English language only. In the event of any dispute concerning the construction or meaning of this Agreement, reference will be made only to this Agreement as written in English and not to any translation into another language. The Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt by you to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by the parties. To the extent that anything in or associated with this Site is in conflict or inconsistent with the Terms, the Terms shall take precedence. We reserve the right to broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of publication.


Questions or Additional Information

If you have any questions regarding the Terms, please contact us by e-mail at support@pitnit.com.


Copyright © 2017

Pitnit Inc.

425 Market Street, Suite-2200,
San Francisco, CA 94105, U.S.A.