Terms of Service
The following Terms (“Terms”) will govern your access to and use of the services and the Ping Gadget, LLC websites (“Services”), and any information, text, graphics, or other materials appearing as uploads and downloads on the Services (collectively the “Content”). Your use and access of the Services is conditioned on your acceptance of and compliance with these Terms. You agree to be bound by these Terms while accessing or using the Services.
You are Responsible for your Ping Content and any Use Thereof
When you create your profile, your Pings, and any other content you may post as Content as well as the use of the Services, you will be responsible for both in its entirety and any consequences thereof. Bear in mind that whatever Content you create may not only be viewed on Ping Gadget's web site but may also be distributed anywhere in the world by any third party.
You and any other person have the sole responsibility of all Content that you originate, whether publicly posted or privately transmitted. We cannot take responsibility for such Content nor may we monitor or control the Content posted via the Services. You take any and all risk for any reliance on any of the Content posted through the use of the Services.
Ping Gadget does not Endorse nor is it Liable for Content in Any Way
Any Content or communication posted through the Services shall not be approved by, endorsed, supported or guaranteed by Ping Gadget in any way what so ever. During the use of the Services you understand that you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, and , postings that have been mislabeled or otherwise deceptive.
Under absolutely no situations and conditions will Ping Gadget be liable in any way for any Content. This non liability for Content includes but is not limited to any errors or omissions in any Content, 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 Services which includes any broadcast elsewhere.
Ping Gadget May Change its Services and Terms without Notice
Ping Gadget is a new and changing company that requires flexibility in order to, in its sole discretion, meet the needs of the users of its Services. Therefore, Ping Gadget reserves the right to change the Terms and the Services offered at any time without notice.
Ping Gadget has the Right to Sell Advertising
Ping Gadget reserves the right to sell advertising as part of the Content or Services. In consideration for Ping Gadget granting you access to and use of the Services, you agree that Ping Gadget and any other third parties may place such advertising on the Services or display of Content or other information Services whether you have submitted Content or by Others who submitted Content.
You Must Comply with all Laws, Rules, and Regulations
Compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations is required when you use the Services.
You are responsible for protecting the password that you use to access the Services and for any other actions under your password. You can make your passwords stronger by using combination of upper and lower case letters, numbers and symbols. We recommend that you do so. Ping Gadget will not be liable for any loss or damage arising from your failure to comply with this policy about Passwords.
Any Content you submit and display through the Services will be owned by you. You grant Ping Gadget a royalty-free, non-exclusive worldwide license and the right to sublicense to use, reproduce, modify, publish, copy, display, and distribute any such Content in any and all media including any other distribution method whether now known or that may be later developed. You represent and warrant that you have the power and authority to grant the aforementioned license,
With this license you authorize Ping Gadget to make your Pings available to all people, companies, organizations, including the rest of the world and any of the foregoing that may partner with Ping Gadget for the Content distribution and/or publication.
You understand that you shall be paid no compensation for any Content that you submitted, posted, transmitted, or otherwise placed through the Services.You also understand that Ping Gadget may change, modify or adapt your Content in order to transmit, display or distribute it 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.
In consideration of you granting to Ping Gadget the above described license for the use of your Content, Ping Gadget grants you a personal license to use its software as part of the Services. This personal license is royalty-free, non-assignable non-exclusive and is a worldwide license. The sole purpose of this personal license is to enable you to use and enjoy the benefit of the Services as provided by Ping under this Terms of Service.
Ping Gadget's Rights
Ping Gadget and its licensors shall retain the exclusive property, right, title, and interest in the Services except for the Content supplied by its users. The Services may be protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service grants you a right to use the Ping Gadget name or any of the Ping Gadget trademarks, logos, domain names, and any other distinctive brand features. Any comments that you make is made upon your own volition. Ping Gadget reserves the right to use any comments made by you in any way it sees fit.
Restrictions on Content and Use of the Services
Ping Gadget reserves the right to refuse and/or remove any Content on the Services which may include any distribution. Ping Gadget also reserves the right to terminate all your use of the Services as well as regain your username at any time without notice.
Ping Gadget also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
Ping Gadget does permit re-use of Content so long as it is done in accordance with this Terms of Service Agreement.
While accessing or using the Service you may not do any of the following.
Ping Gadget will respond to alleged copyright infringements that are within applicable law and are properly provided to us. If you believe that your Content has been infringed upon, you can contact Ping Gadget with a written request for a review. Ping Gadget reserves the right but not the obligation to remove any alleged infringing Content.
The Services are Available “AS-IS” & Without Warranty
The Services or any Content that you may use or access is done at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limitation, PING GADGET AND/OR ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon is made without warranty and furthermore Ping Gadget disclaims all responsibility thereof. You will be solely responsible (Ping Gadget will have no responsibility or liability for) for 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. In the event of deletion of, failure to transmit or store any Content or other communications through the use of the Services. Ping Gadget makes no warranty that the Services will meet your requirements. Ping Gadget also makes no warranty as to available uninterrupted, secure, or error-free Services. Unless expressly made herein, no advice or information, whether oral or written, obtained from Ping Gadget or through the Services, will create any warranty of any kind.
Ping Gadget's Services may contain links to third-party websites or resources. You acknowledge and agree that Ping Gadget is not responsible or will it be liable for:
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PING GADGET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PING GADGET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of Ping Gadget to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Oregon 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 Multnomah County, Oregon, and you consent to the jurisdiction of and venue in such courts and waive any objection.
Ping Gadget may revise these Terms of Service from time to time. The most current version will always be at www.pinggadget.com. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms of Service.
You may contact us at any time if you have any questions click on Contact for information on how to contact us.
Effective: May 1, 2011
Please go to "Contact" for information on how to contact Ping Gadget if you have any questions.
The Information Ping Gadget Collects
When you register as a user you are asked to supply personally identifiable information. Personally identifiable information may consist of your IP address, password, e-mail address, address, city, state, zip code, telephone number, URL, and any other information that you may share with Ping Gadget. All such information other than the IP address is kept in the Profile section of Ping Gadget. Such information shall be private to you unless you share it in any of the public sections as Content in the public Services sections. Ping Gadget will not be responsible for any personally identifiable information that you share with others in the public sectors of Ping Gadget.
Your user name, photo, and bio (if any) are not private but are available to others in the public sectors of Ping Gadget. Any correspondence, e-mail, or other information you may supply Ping Gadget is additional information to Ping Gadget.
Ping Gadget's Use of Information Collected
Ping Gadget may use your personally identifiable information to market to you. Marketing communications to you may include information about our products, services, and any other such information that Ping Gadget feels is appropriate. If you decide to opt out to receiving such information or communications from us, simply follow the instructions to unsubscribe.
Ping Gadget may also use information collected through Log Data and Cookies to better understand its users usage of Ping Gadget and make adjustments to the Services as it deems fit.
Updating Your Information
You may update your personal identifiable information at any time by logging onto www.pinggadget.com and going to the Profile section. You may also go to the "Contact" section and use the information there to send a communication to Ping Gadget with your request.
Sharing and Disclosure of Information
Ping Gadget will do what's necessary to cooperate with the government and/or private parties to enforce and comply with the law. Ping Gadget may disclose any information about you if in our sole discretion believe it is appropriate and necessary to respond to subpoenas, legal processes, claims, illegal or unethical activity and to comply with the law.
Ping Gadget may contract to third parties for services which includes but is not limited by the hosting, maintenance, database, and other such services. Ping Gadget will only share your personally identifiable information to the extent required for that particular service and only if that third party has executed an binding agreement with us to protect your private data.
Websites that Ping Gadget may Link To
As part of Ping Gadgets Services, links may be made to other web sites. Ping Gadget has no control over these third party web sites and therefore we do not endorse and authorize any actions between you and those third party web sites. Please refer to those other web sites as to their terms and privacy policies because they will have different rules regarding privacy policies.
Security Notifications in Event of a Breach
Ping Gadget will undertake necessary steps to safeguard unauthorized access to your personally identifiable information. In the event of a breach of the security of your private information Ping Gadget will without unreasonable delay provide you notification of such breach consistent with the needs of law enforcement and take necessary to restore the integrity of the Services and determine the extent of the breach thereof.
Ping Gadget's Policy Towards Children
Ping Gadget Services will not extend to children under the age of 13. If we become aware of a person using the Ping Gadget Services under the age of 13, we will delete all their information from our files. If anyone including a parent or others become aware of a person under 13 years of age, please contact Ping Gadget of such occurrence. Our contact information can be found on the Ping Gadget web site www.pinggadget.com at "Contact".