These terms and conditions (the "Terms") govern your access to and use of LRR Technologies (Hyderabad) Pvt Ltd's websites and mobile applications ("Site"), that include 100pins.com, that link to or reference these Terms. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with LRR Technologies (Hyderabad) Pvt Ltd ("100pins.com"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We", "us", and "our" refer to 100pins.com.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, images, classified ads, messages published on the Site or sent to other users of the Site, blogs, shoutbox posts, discussion forum posts and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "100pins.com Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than 100pins.com or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and 100pins.com Content.
CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
Your use of a particular 100pins.com feature included within, or acceptance of a service or benefit obtained through, 100pins.com may also be subject to additional terms specified in the applicable 100pins.com feature or other accompanying documentation (as such terms may be modified by 100pins.com from time to time as described below) (the "Additional Terms").
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with 100pins.com, and any inconsistencies among the different versions will be resolved in favor of the English version.
USING THE SITE
To access or use the Site, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice. 100pins.com has no liability to you in case of any such event except if you have paid 100pins.com for services to be rendered through the Site and you have a specific written contract with 100pins.com detailing the liability of 100pins.com to you for interruption, suspension or discontinuation of the Site, in which case the claim needs to be made within 15 days of such interruption, suspension or discontinuation.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Notwithstanding your registration in the NDNC (National Do Not Call) registry, you agree to receive verification codes by SMS for creating an account with the Site, resetting your password and other activities that need us to verify your identity / account ownership for an action you are trying to perform on the Site.
Communications from 100pins.com and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive friend requests or email messages from other Users, or communications from the Site's administrators.
Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by 100pins.com.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against 100pins.com and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and 100pins.com, you own Your Content. We own the 100pins.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the 100pins.com Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the 100pins.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the 100pins.com Content are retained by us.
100pins.com and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on 100pins.com's websites, and attributes 100pins.com as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that 100pins.com promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden 100pins.com's systems. 100pins.com reserves all rights in the Feed Content and may terminate the Feeds at any time.
User Content does not necessarily reflect the opinion of 100pins.com. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion. Click here to know more about reporting content by another user.
You agree not to, and will not, assist, encourage, or enable others to use the Site to:
Violate our Content Guidelines, for example, by writing a fake review, using abusive language, or trading reviews with other businesses;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a commercial venture or event, or otherwise use the Site for commercial purposes, except when expressly permitted by 100pins.com;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not, except with specific permission from 100pins.com; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography; or
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by 100pins.com;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on 100pins.com's technology infrastructure or otherwise make excessive traffic demands of the Site;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
GUIDELINES AND POLICIES
Content Guidelines You represent that you have read and understood our Content Guidelines.
Copyright And Trademark Disputes
The following is our Infringement Policy, to be referred to for information about copyright and trademark disputes:
Reporting Claims of Infringement and Copyright Dispute Resolution
100pins.com has adopted the following procedures and policies to handle copyright infringement notifications in accordance with the Digital Millennium Copyright Act ("DMCA"). Upon receiving notice of a potential copyright infringement claim, 100pins.com will remove or disable access from the Site the alleged infringing Content if such notice complies with the requisite elements under the DMCA. Further, if a user is found to be a repeat offender, 100pins.com may terminate the user account.
Procedure to Report an Infringement Notification
If you believe that your copyright has been or is being infringed upon by material found on the Site, you are required to follow the below procedure to file a notification:
Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the material on the Site that you allege is infringing upon the copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (e. g., the user name of the alleged infringer and the URL of the page it is posted on);
Include the following statement: "I have a good faith belief that the use of the content on the Site as described above is not authorized by the copyright owner, its agent, or law.";
Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.";
Provide your contact information including your address, telephone number, and e-mail address (if available);
Provide your physical or electronic signature; and
Send the written communication to: webmaster [at] 100pins [dot] com
100pins.com may, at its sole discretion, send a copy of this legal notice to a third-party which may publish or annotate it.
Please note that you may be subject to liability under Section 512(f) of the DMCA if you knowingly materially misrepresent that material on Our Sites infringes upon your copyright.
Procedure to Report a Counter-Notification
If you believe that Content has been mistakenly removed pursuant to a claim filed under the DMCA, you are required to follow the below procedure to file a counter-notification:
Identify in writing the material that was removed or disabled from access, and provide a description that reasonably identifies the location of the material prior to its removal;
Include the following statement "I swear under penalty of perjury that the material that was removed or disabled from access was due to a result of mistake or misidentification of the material to be removed or disabled.";
Provide your name, address, telephone number, email address (if available), and a statement that you consent to the jurisdiction of the relevant Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person;
Provide your physical or electronic signature; and
Send the written communication to: webmaster [at] 100pins [dot] com
For additional questions regarding 100pins.com's procedure in handling copyright infringement notifications, please send an email to webmaster [at] 100pins [dot] com.
BUSINESS OWNER TERMS - 100pins.COM DEALS TERMS AND 100pins.COM ADVERTISING TERMS
If you have paid for services offered on the Site (including one wherein you have been given ownership / administrative rights to a page or a section containing pins/reviews/comments for a business, or a list) or purchase advertising from 100pins.com, the 100pins.com Business Owner Terms will apply, which also include the 100pins.com List Terms that need to be read and accepted by people administering lists on the Site. In the event of any conflict between the 100pins.com Business Owner Terms and these Terms, the 100pins.com Business Owner Terms will prevail.
Similarly, if you purchase a 100pins.com Deal, the terms of your purchase will be governed by the 100pins.com Deal General Terms. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the 100pins.com Deal General Terms and these Terms, the 100pins.com Deal General Terms will prevail.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Site are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.
You agree to indemnify, defend, and hold 100pins.com (LRR Technologies (Hyderabad) Pvt Ltd), its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "100pins.com Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. 100pins.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of 100pins.com. 100pins.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF 100pins.COM (LRR TECHNOLOGIES (HYDERABAD) PVT LTD), AND THE 100pins.Com Entities. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE 100pins.COM ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE 100pins.COM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS.
THE 100pins.COM ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE 100pins.COM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE 100pins.COM ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE 100pins.COM ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
IF YOU HAVE NOT PAID 100pins.com FOR ANY SERVICES TO BE RENDERED THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE. IF YOU HAVE PAID 100pins.com FOR ANY SERVICES TO BE RENDERED THROUGH THE SITE, AND HAVE A WRITTEN CONTRACT WITH 100pins.com SPECIFYING A REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE, YOUR REMEDY WOULD BE AS SPECIFIED IN YOUR CONTRACT, AND YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE. ELSE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE.
THE 100pins.COM ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE 100pins.COM ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) INR 5000.
THE 100pins.COM ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
CHOICE OF LAW AND VENUE
The laws of India will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and 100pins.com (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE COURTS LOCATED WITHIN HYDERABAD, ANDHRA PRADESH, INDIA.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination, whether by you or us, Sections 1, 5, 6, 10 - 14 of these Terms will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms, by email, regular mail or communications through the Site.
Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on 100pins.com's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms are not assignable, transferable or sublicensable by you except with 100pins.com's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.