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Pinecast Terms of Use

Welcome to Pinecast. Before you start using our site (found at https://pinecast.com/), you should understand these Terms of Use ("Terms") and our Privacy Policy. Anyone who uses Pinecast, whether to produce or consume content or for any other reason, agrees to these Terms. If you do not agree with any of the Terms presented here, you may not use or access Pinecast.

Updates to This Page

Over time, these Terms will be updated. It is your responsibility to review these terms regularly to make sure that you agree to any changes. Pinecast will make a best-effort attempt to notify our users of any substantial updates. If you do not agree with a change, please contact Pinecast support in order to have your account deleted. If you do not request that your account be deleted, you agree to be bound by the updated Terms.

Content

Pinecast does not actively review or monitor content posted to its infrastructure, nor do we control how content is presented. Content may be inaccurate, incomplete, offensive, unpleasant, or otherwise lacking integrity; this is the sole responsibility of the user that uploads the content. Pinecast is not liable for issues that arise with or because of content posted by users.

When you post content of any type to Pinecast, you grant a non-exclusive license to Pinecast to host the content on Pinecast infrastructure. You also grant a non-exclusive license to any users who access that content. This includes users who may not be registered Pinecast users, and users of third-party websites and services. You own all rights to content that you upload to Pinecast, including the right to remove your content. Content may take an indeterminate amount of time to be fully removed from Pinecast infrastructure. Pinecast may not be able to recover content after deletion.

Before uploading content to Pinecast, you must posess rights to the content you are uploading.

Pinecast may remove any uploaded content at any time and for any reason.

Accounts

You are not required to create an account with Pinecast. Creating an account, however, grants access to certain features that are not available to users without accounts. You will be required to provide a valid email address for use with your Pinecast account. You must own and maintain control of the email address provided to Pinecast.

The security and confidentiality of your account is your own responsibility. Any actions performed through your account--regardless of whether you authorized them--are your own responsibility.

Pinecast reserves the right to terminate or throttle any account at any time for any reason. This includes, but is not limited to, abuse of service limits or using--at our sole discretion--excessive infrastructure resources. Pinecast also reserves the right to access any account information. This may be to investigate or address problems with our service, satisfy legal requirements or requests by governments, or to protect ourselves or our users.

You may delete your account at any time by contacting Pinecast support.

Restrictions

You may not do any of the following:

  • Download or redistribute content or data that you are not intended to have access to
  • Download or exploit content that is not yours
  • "Scrape," "crawl," or otherwise aggregate content on Pinecast to collect any data without the express permission of Pinecast staff
  • Remove copyrights or trademarks from Pinecast or any content that you do not own
  • Impersonate another individual with the intention of deceiving others
  • Perform any act that could damage or harm minors in any way
  • Attempt to gain unauthorized accesss to Pinecast systems
  • Perform any act that could disrupt Pinecast service or access to Pinecast

You may not post any of the following:

  • Content that is illegal where you are or in the state of California
  • Content that is threatening, abusive, libelous, or invades the privacy of others
  • Content that is hateful on the grounds of ethnicity, gender, sexual orientation, religion, or any other group (at Pinecast's discretion)
  • Content that contains any malicious content of any kind ("malware")

Copyright

Pinecast respects copyright laws. If we are notified of content posted on Pinecast infrastructure that violates the intellectual property rights of others, we will use reasonable efforts to investigate and take applicable action when we believe infringement has taken place. This may mean content will be removed or user accounts will be terminated.

Please contact Pinecast support in writing with a detailed description of any alleged infringement. Note that you may be held accountable for damages (including costs and attorneys' fees) for falsely alleging infringement.

If we remove or disable access to content in response to a notice of infringement, we will do our best to contact the user who posted the infringing content. You may respond to such a notice if you believe the content is not infringing. When you respond, you must provide enough information to enable Pinecast to make a reasonable determination. If you materially misrepresent that the content is not infringing, you may be held accountable for damages (including costs and attorneys' fees).

Service

Pinecast is always changing. Features may be added or removed at any time. If the price of any feature changes, you will be given sufficient notice and opportunity to cancel any outstanding subscriptions.

Pinecast may discontinue its service at any time and without notice, though we obviously hope not to. It may be unavailable due to maintenance or malfunctions.

Links and Embedding

Pinecast contains links to third parties that we do not control. Content on Pinecast may also be embedded in third party services or websites. Pinecast does not endorse any third party service or website, and take no responsibility or position on their actions.

Stripe

Payment processing services for users on Pinecast are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Pinecast, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Pinecast enabling payment processing services through Stripe, you agree to provide Pinecast accurate and complete information about you and your business, and you authorize Pinecast to share it and transaction information related to your use of the payment processing services provided by Stripe.

Disclaimer of Warranty

Pinecast and its services are provided "as is". We make no warranties or guarantees (express or implied) of any kind, which means you use Pinecast at your own risk. We don't make any promises about the content within our services, the function of the services, their reliability or availability, or their ability to meet your needs.

Limitation of Liability

To the extent permitted by law, the total liability of Pinecast, and its supplier and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use Pinecast's services in the past six months (or, if we choose, to supplying you the services again). This includes all types of damages, including (but not limited to) inability to use Pinecast or its services, the cost of procuring substitute services, errors on Pinecast, personal injury or property damage as a result of using Pinecast, or loss of data.

Indemnification

You shall indemnify and hold Pinecast and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees), incurred in connectino with:

  1. Any materials submitted, posted, transmitted, or made available by you through the service
  2. Any interactions or transactions between you and any other user
  3. Any violation by you of these terms of use, the rights of any third party, or any applicable law or regulation

Support

If you need to contact Pinecast support, you may do so by emailing support@pinecast.zendesk.com.