Terms and conditions
Date of Last Revision: July 27, 2012.
Customer Service Agreement: This Customer Service Agreement (this "Agreement") is by and between Concego Ltd. (Ping.it is developed and run by Concego LTD.), and the user of Ping.it (https://ping.it) or any services related to Ping.it, be it a person, a company or other entity acknowledging this. Provision of Service: Ping.it will provide you with access to an Internet based social web application. Ping.it can and will change service features and functionality, as well as the terms and conditions of this Agreement, from time to time. Notice of such changes will be posted on the Ping.it. website, which you agree to review periodically.
Limitations on Use of Service and service Software
1. As used herein, "Software" refers to any software incorporated into Ping.it or related to Ping.it. You will not, and will not permit, assist, or allow others to, reverse engineer, decompile, disassemble, re-engineer, or otherwise discover, recreate, or attempt to discover or recreate Ping.it or its source code. You will not modify or attempt to modify our Software or sublicense or charge others to use or access the Software. You will not use the Software or the service in any way not expressly authorized by this Agreement.
2. Customer acknowledges that the Services is not intended for permanent storage and agrees not to use the Service for archiving or back-up purposes. Customer will not store "mission critical" data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.
3. Ping.it is in a closed beta stage of development. By using it you acknowledge that some features may be untested, non-functional, and/or partly functional. You use Ping.it at your own risk. You will back-up all data you add or upload to Ping.it and will not rely upon the functionality of the Ping.it for any purpose whatsoever.
We do our best to protect your privacy. to make important disclosures about how you can use Ping.it to share with others and how we collect and use your content and information. We encourage you to read the following statement, and to use it to help make informed decisions. The safety of your information is your responsibility.
1. Concego Ltd. and Ping.it are not responsible for any loss or damage you might suffer due to sharing vital or private information through Ping.it.
2. While using Ping.it, you agree that your actions will be visible to all other system users and may be telegraphed to them by any means including but not limited to system feeds, notifications, lists, and stream events. Your actions will also be recorded, and other users will be able to review them at any time.
Limitation of Liability
1. Ping.it warrants that all of its services will be provided with due care. EXCEPT FOR THE FOREGOING, PING.IT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE. Furthermore, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL PING.IT OR CONCEGO LTD. BE LIABLE TO CUCSTOMER OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SAVINGS, SOFTWARE AND HARDWARE MALFUNCTIONS OR OTHER INDIRECT, SPECIAL, COVER, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE USE OR INABILITY TO USE THE SERVICE.
2. Ping.it is not liable for the accuracy, truthfulness, or validity of any data entered by you or provided through the service. Ping.it is not liable for the loss of any of your data.
3. Your sole and exclusive remedy, if you are dissatisfied with the services or with any terms, conditions, rules, policies, guidelines, or practices of Ping.it, is to discontinue using our service.
Sharing Your Content and Information
You own all of the content and information you upload to Ping.it. We reserve right to modify and / or remove any user generated content we deem inappropriate or in any way offensive to any of our users. This includes, but is not limited to, shared websites or web pages, comments, relations between pages, profile pictures.
1. 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 share through Ping.it. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies or system cache for a reasonable period of time (but will not be available to others).
3. When you use Ping.it, your content, information and activity details are shared with Ping.it and other users.
4. When you publish content or information, or perform any actions within Ping.it, it means that you are allowing everyone, including unregistered users and people visiting any of the Ping.it pages, to access and use that information, and to associate it with you (i.e., your name or handle and profile picture).
5. We always appreciate your feedback or other suggestions about Ping.it and its development, but you understand that we may use such information without any obligation to compensate you for it (just as you have no obligation to offer it).
User's Code of Conduct and Obligations
We do our best to keep Ping.it safe, but we cannot guarantee it will remain safe. We need your help to keep it safe. As a Ping.it user you are obliged to follow these rules:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Ping.it.
2. You will not access or use Ping.it, using automated means (such as bots, robots, spiders, or scrapers).
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Ping.it.
4. You will not direct other Ping.it users to malicious websites containing viruses, trojans or any other malicious code. This includes sharing, upvoting, bookmarking and intentionally browsing this kind of content.
5. You will not direct other Ping.it users to websites containing pornography (legal or otherwise) or any material of explicit and offensive nature. This includes sharing, Pinging, bookmarking and intentionally browsing this kind of content.
6. You will not solicit login information or access an account belonging to someone else.
7. You will not bully, intimidate, or harass any user.
8. You will not share or in any other way endorse content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
9. You will not use Ping.it to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of Ping.it, such as a denial of service attack or overloading the system by the means of automated software agents or actions specifically aimed at reducing the stability of service.
11. You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
Ping.it users provide their email and user name that might both be a real name and an internet handle. They might also provide us with other social platform login credentials, including their Facebook, Twitter and Google accounts. As Ping.it user you are obliged to follow the rules stated below. These are necessary for maintaining the security of your account and information:
1. You will not create more than one personal profile.
2. If your account is disabled, you will not create another one without our permission.
3. You will not use your personal profile for your own commercial gain (such as promoting commercial content or selling your comments to an advertiser).
4. You will not use Ping.it if you are under 15.
5. You will not use Ping.it if you are a convicted sex offender.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not take any action on Ping.it that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you share on Ping.it if we believe that it violates the above statement. This includes, but is not limited to, browsing history, shared pages, votes, user expressed emotions, bookmarks.
3. If we remove your content for infringing someone else's copyright or for any other reason, we are not required to provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights or any terms of this agreement, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks (including Ping.it, the OpenWebLayer, the Ping.it logo), or any confusingly similar marks, without our written permission.
6. You will not share, access, or in any other way publicize anyone's identification documents or sensitive information on Ping.it.
About Advertisements and Other Commercial Content Served within Ping.it
Ping.it does not support any sort of advertising. Ads served on pages viewed within Ping.it are the property of the respective publishers who are the sole beneficiaries of the ads being displayed.
1. We can change this Statement at any time and without notice, by posting it on a relevant Ping.it.com Terms and Conditions subpage, accessible to all Ping.it users.
2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Ping.it services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but some of the provisions might still apply.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Ping.it exclusively in a state or federal court located in Norway. The laws of Norway will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Oslo, Norway for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Ping.it, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP PING.IT BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PING.IT 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 PING.IT WILL BE SAFE OR SECURE. PING.IT 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. 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 PING.IT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PING.IT WILL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PING.IT LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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