Terms & Conditions
Last Revised May 19, 2018. Effective May 19, 2018.
Table of Contents
- First, the Legal Stuff
- Your Access to Pine
- Pine is for Your Lawful Use
- Pine is for fun
- Pine isn’t intended as a marketplace
- Your Pine Account
- Pine content
- Your Content
- We Don’t Endorse User Content
- Links and Pine
- Don’t Mess with Pine
- Other Ways of Accessing Pine
- Children and Pine
- A Few More Legalities
- Disclaimer of Warranties
- Limitation of Liability
- Governing Law
- Severability and Enforcement
- Changes to This User Agreement
We want you to know your rights and our rights and so we have prepared this agreement ("user agreement" or "agreement") between Pine, LLC. (“Pine”, "we", "our," "us") and you. This agreement sets the terms of your use of the Pine website and services. This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Pine, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from Pine. We reserve the right to monitor Pine, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
You may not use Pine to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
Pine is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on Pine.
Pine is not intended to be a marketplace for any goods or services. However, you may find commercial links, coupons, deals, advertisements and other third-party offers on Pine. In addition, Pine may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. Pine is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if Pine has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone, so be careful.
You may not use Pine to conduct transactions for any illegal goods or services.
To participate on Pine, you must create an account that includes a username and password ("Your Account") and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also use Pine without logging in, but you will not have access to all features.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
Pine contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "Pine content." Pine content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the Pine content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Pine content, except as permitted by the doctrine of fair use or as authorized in writing by us.
You retain the rights to your copyrighted content or information that you submit to Pine ("user content") except as described below.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Pine.
You agree not to interrupt the serving of Pine, introduce malicious code onto Pine, make it difficult for anyone else to use Pine due to your actions, attempt to manipulate votes or Pine’s systems, or assist anyone in misusing Pine in any way. It takes a lot of work to maintain Pine. Be cool.
We support the responsible reporting of security vulnerabilities. To report a Pine security issue, please send an email to firstname.lastname@example.org.
We encourage the creation of other ways to access Pine, including browser extensions and mobile and desktop applications. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any mobile or desktop application not produced by us.
If you produce or maintain a browser extension or application, you agree not to purposefully negate any user's actions to delete or edit their content on Pine.
Pine is not directed at people under the age of 13, and Pine does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Pine, please contact us.
copyright, the dmca, & takedowns
We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on Pine that we deem to be infringing the copyright of others. If you become aware of user content on Pine that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Pine.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information:
Please send the following information:
- The electronic signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
- The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
It is Pine's policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.
All the things you do and all the information you submit or post to Pine remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold Pine, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Pine, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Pine is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Pine will always work properly.
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Pine, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Pine.
We want you to enjoy Pine, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at email@example.com.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Delaware without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in San Diego County, California.
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent.
If no such modification is possible, that provision will be severed from the rest of this agreement. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
This user agreement is the entire agreement between you and us concerning Pine. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive. By continuing to use Pine after a change to this agreement, you agree to those changes.