Pinbloop Terms of Service
Welcome, and thank you for your interest in Pinbloop and our online service for mobile task management in the field available through our mobile applications (including tablet and phone applications) (each a “Mobile App”), together with our web site www.pinbloop.com (and related web sites) and other related embeddable widgets, downloadable software, and other services provided by us and on which a link to these Terms of service is displayed (collectively, together with the Mobile Apps, the “Service”). The App and the Service are offered by Archon Application Systems, L.L.C. These Terms of Service are a legally binding contract between you and Archon Application Systems, L.L.C. (“Archon,” “we,” or “us”) regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING “I ACCEPT,” REGISTERING FOR AN ACCOUNT, DOWNLOADING AND INSTALLING A MOBILE APP, OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE ARCHON PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then please do not use the Service.
These Terms of Service provide that all disputes between you and Archon will be resolved by BINDING ARBITRATION. WE EACH AGREE TO GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND CERTAIN RIGHTS UNDER THIS CONTRACT. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 16 below for the details regarding your agreement to arbitrate any disputes with Archon.
Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
Privacy Policy; Additional Terms
2.1 Privacy Policy. Please read the Archon Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Archon Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
2.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, terms of any support services offered, or rules applicable to particular features or content on the Service, subject to Section 10 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
Accounts and Registration. To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@pinbloop.com.
Payment.
4.1 Generally. Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are nonrefundable (except as may otherwise be expressly provided herein). Archon may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going-forward basis at any time. Archon will charge the payment method you specify at the time of purchase. You authorize Archon to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, Archon may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.2 Additional Subscription Terms.
Subscription Fees. Archon may, now or in the future, charge subscription fees for the use or access to the Service or certain features of the Service. You agree to pay to Archon all fees for subscriptions purchased by you or on your behalf, whether purchased on or through the Service or through a written agreement between you and Archon, including in each case any applicable taxes (the “Subscription Fees").
Subscription Billing. Notwithstanding Section 4.1, unless set forth otherwise in a separate written subscription agreement, Subscription Fees will be billed upon the initiation (or modification) of your subscription. Subscription Fees are nonrefundable (except as may otherwise be expressly provided herein). The initial term of your subscription is 365 days.
5. User Content
5.1 User Content Generally. Certain features of the Service may permit users to submit and publish on or through the Service a variety of content, including floorplans, blueprints, maps, messages, photos, images, video, data, text, documents, correspondence, and other types of works (collectively, “User Content”). As between you and Archon, you retain ownership of all copyright and any other proprietary rights in the User Content that you post to the Service, and you do not transfer ownership of any intellectual property rights in your User Content to Archon.
5.2 Limited License Grant to Archon. By submitting User Content, you grant Archon a worldwide, non-exclusive, royalty-free, transferable right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content may be without any compensation paid to you. Archon may now or in the future provide certain features in the Service that may allow you to configure certain controls or limitations with respect to if and how other users may access particular User Content. Notwithstanding, such features are not foolproof or immune from being compromised, hacked, misused, or otherwise bypassed, and Archon does not and cannot guarantee that your User Content will not be accessed in ways other than you intended.
5.3 Limited License Grant to Other Users. By publishing or sharing User Content with other users through the Service, you hereby grant the recipient of such User Content a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service (including functionality that allows further sharing of such User Content).
5.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By submitting, posting, publishing, or sharing User Content, you affirm, represent, warrant, and covenant that:
you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to submit, post, publish, and share such User Content with Archon and others, and to authorize Archon and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by these Terms; and
your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.
5.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Archon may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content and a variety of other data and information from a variety of third party sources and acknowledge that such User Content, data, and information may be inaccurate, offensive, indecent, inappropriate, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Archon with respect to such User Content, data, or information, and we expressly disclaim any and all liability in connection with such User Content, data, or information. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion what course of action to take, which we reserve the right to do at any time and without notice. For clarity, Archon does not permit copyright-infringing or other unlawful activities on the Service.
5.6 Backups. You are solely responsible for maintaining backups of your User Content outside the Service, and Archon will have no liability whatsoever to you arising out of or in connection with any loss, compromise, or corruption of any data you may submit, receive, transmit, or store through the Service. Once you terminate your account, you will no longer have access to retrieve or obtain any of your User Content.
5.7 Customer Reference. Users agrees that Archon may reference the user’s company as a customer of Archon subject to Customer’s trademark and logo usage guidelines as provided in writing by Customer to Archon.
6. Digital Millennium Copyright Act
6.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
Attn: Copyright Agent
Archon Applications Systems, LLC
E-mail: support@pinbloop.com
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
6.2 Repeat Infringers. Archon will promptly terminate without notice the accounts of users that are determined by Archon to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
7. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
7.1 use the Service (including the submission, transmission, modification, addition, or deletion of any User Content or other content available through the Service) for any illegal or improper purpose, or in violation of any local, state, national, or international law, including without limitation engaging in any line of business without the necessary licenses, permits, certifications, or other required approvals;
7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
7.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate or off topic;
7.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
7.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
7.7 sell or otherwise transfer the access granted herein or any Materials (as defined in 11 below) or any right or ability to view, access, or use any Materials; or
7.8 attempt to do any of the foregoing in this Section 7, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 7.
Third-Party Services and Linked Websites. Archon may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your Pinbloop account with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). We may additionally allow you to link your account with other third party services, such storage services provided by Dropbox or Box.net. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Archon, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@pinbloop.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Generally, modifications to the Terms are effective upon publication, provided that if the changed Terms materially modify your rights or obligations, the changes are effective upon the earlier of (a) your using the Service with actual knowledge of the change, or (b) thirty days following publication of the modified Terms, and further provided that disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose. If you do not accept the changed Terms, you may not continue to access and use the Service. If you provide written notice to Archon of your decision not to accept such modified Terms and terminate your use of the Service, where applicable, Archon will refund a prorated portion of the Subscription Fees you have paid based on the amount you have prepaid and the cancellation date. By continuing to use or access the Service after updates come into effect, you agree to be bound by the changed Terms.
Ownership; Proprietary Rights. The Service is owned and operated by Archon. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by Archon are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service, and all intellectual property rights therein and thereto, are the property of Archon or our third-party licensors. Except as expressly authorized by Archon, you may not make use of the Materials. Archon reserves all rights to the Materials not granted expressly in these Terms.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Archon and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Archon Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use or misuse of, or alleged use or misuse of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your User Content, or (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ARCHON ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ARCHON ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE WILL BE ACCURATE, UP TO DATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ARCHON ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS OR OTHER THIRD PARTIES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL THE ARCHON ENTITIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ARCHON ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE TOTAL OF ALL LIABILITY OF THE ARCHON ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO ARCHON FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
ARCHON ENTITIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law. THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF LOUISIANA WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Archon agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the City and Parish of East Baton Rouge, Louisiana for the purpose of litigating all such disputes.
Dispute Resolution and Arbitration
16.1 Generally. First, we want to address your concerns without taking formal legal action. Before, filing a claim against Archon, you agree to attempt to resolve the dispute informally by contacting support@pinbloop.com. We will try to resolve the dispute informally by contact you via email. If a dispute is not resolved within 30 days of submission, you or Archon may bring a formal proceeding.
In the interest of resolving disputes between you and Archon in the most expedient and cost effective manner, you and Archon agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ARCHON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions. Notwithstanding subsection 16.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
16.3 Arbitrator. Any arbitration between you and Archon will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Archon.
16.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Archon's address for Notice is as set forth at the end of these Terms. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Archon may commence an arbitration proceeding.
16.5 Fees. In the event that you commence arbitration in accordance with these Terms, Archon will reimburse you for your payment of the initial filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Baton Rouge, Louisiana, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Archon for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16.6 No Class Actions. YOU AND ARCHON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Archon agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications. In the event that Archon makes any future change to this arbitration provision (other than a change to Archon’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Archon's address for Notice, in which case your account with Archon shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
16.8 Enforceability. If Subsection 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us and other users as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Archon regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 1, 4, 5, 8, and 11 through 19.
Contact Information. The services hereunder are offered by Archon Applications Systems, L.L.C., located at 10680 Creek Haven Lane, Denham Springs, Louisiana 70726 You may contact us by sending correspondence to the foregoing address or by emailing us at support@pinbloop.com.
END USER LICENSE AGREEMENT
Thank you for your interest in this application for your mobile device (the “App”) provided to you by Archon Application Systems, L.L.C., Inc. (“Archon”), which enables you to use certain features of the Archon’s online service (the “Service”) from your mobile device. This End User License Agreement (“EULA”), together with the Archon Terms of Service, and related policies (the “Terms”) (available at http://www.support.pinbloop.com), which Terms are hereby incorporated by reference into this EULA, govern your use of the App, the Service and any support services provided to you. You may request a copy of this EULA by emailing us support@pinbloop.com.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By clicking "I agree", Customer will be providing its electronic signature that affirms:
• Customer understands and intends that the EULA is a legally binding agreement and the equivalent of a signed, written contract;
• Customer will use the Online Service in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions of the EULA as they may be amended by Archon from time to time; and
• Customer understands, accepts, and has received the EULA and its terms and conditions, and acknowledges and demonstrates that Customer can access the EULA.
If Customer does not agree with the terms and conditions in the EULA, please select "Cancel" and Customer will exit the registration process. Customer should be aware, however, that the use of any Online Service is subject to the terms and conditions of the EULA. This Agreement will always be available for review via a link at the bottom of the PlanGrid.com home page.
You acknowledge and agree that, as provided in greater detail in this EULA:
the App is licensed, not sold to you, and that you may use the Service only as set forth in this EULA and the Agreements;
the use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;
you consent to the collection and use of your personally identifiable information and information about your location in accordance with Archon’s Privacy Policy, including without limitation the collection of location information;
the Service is provided “as is” without warranties of any kind and Archon’s liability to you is limited;
disputes arising hereunder will be resolved by binding arbitration as set forth in the Terms, and BY ACCEPTING THIS EULA, AS PROVIDED IN GREATER DETAIL IN SECTION 13 BELOW, YOU AND ARCHON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the arbitration agreement in Section 13 below for the details regarding your agreement to arbitrate any disputes with Archon;
the App may require access to the following services on your mobile device: an applicable device identifier, phone state and identity, internet, SMS/MMS messaging, location and phone contacts and photographs, in each case, using the applicable permissions provided by the mobile operating system or by you; and
if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple”, below.
LIMITED LICENSE. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this EULA and the Agreements (including without limitation payment of any applicable fees and compliance with all license restrictions), Archon grants you (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the App downloaded directly from Archon or from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format and solely for your use for lawful purposes, on a compatible mobile device that you own or control, and (2) permission to access and use the Service and Support Services, solely through the use of a licensed copy of the App.
RESTRICTIONS. Except as expressly permitted in this EULA, you may not reproduce, distribute, modify, publicly display, or publicly perform the App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to the App; (b) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism; (c) sublicense, sell, transfer, assign, distribute or otherwise commercially exploit the Services; (d) modify or create derivative works based on the Services; (e) create Internet “links” to the Services or “frame” or “mirror” any content provided in connection therewith; (f) copy any features, functions or graphics of the Services; (g) allow the Online Service to be used by any User who is not registered with Archon for that User license; (h) impersonate or misrepresent its affiliation with any person or entity; or (i) use the Online Services to: (1) send unsolicited or unlawful messages; (2) send or store infringing, obscene, threatening, harmful, libelous, or otherwise unlawful material, including material harmful to children or violative of privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, or agents; (4) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (5) attempt to gain unauthorized access to the Service or its related systems or networks; (6) probe, scan, or test the vulnerability of any system or network.
You may not use the App or the Service for any purpose other than a purpose for which the App and the Service are expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by Archon (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.
Archon is free to use any ideas, concepts, know-how, or techniques contained in any Customer communications to Archon for any internal business purpose including, but not limited to, developing and marketing products using such information.
USE OF THE APP AND THE SERVICE – THIRD PARTY TERMS AND FEES. You are solely responsible for your use of the Service on your mobile device, including without limitation compliance with these and any applicable third party terms, and payment of any applicable third party fees. Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the App and the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify Archon immediately to suspend services.
LOCATION-BASED SERVICES. Some of the features of the Service may enable Archon to access your location in order to tailor your experience with the Service based on your location (“Location-based Services”). In order to use certain Location-based Services, you must enable certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, which enable Archon to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party may access such information for the purpose of providing such data services to Archon. You may be given the option to automatically enable the provision of some Location-based Services through the App, and to enable or disable such Location-based Services at any time through the App’s Settings menu. If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the App’s Settings menu, you will not be able to utilize certain features of the Service. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Service, (ii) Archon may provide Location-based Services related to and based on your then-current location, and (iii) Archon may use any such information collected in connection with the provision of Location-based Services in connection with its provision of the Service. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND ARCHON DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.
RESERVATION OF RIGHTS. The Service, including the App, is owned and operated by Archon. The App, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements of the Service (the “Archon Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Archon, all Archon Materials, including intellectual property rights therein and thereto, are the sole and exclusive property of Archon or its subsidiaries or affiliated companies and/or its third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Archon Materials except as expressly authorized hereunder. Archon reserves all rights not expressly granted in the Agreements. You shall not acquire any right, title or interest to the Archon Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in the Agreements.
USER CONTENT. As further set forth in the Terms, the App and Services may allow you to submit User Postings (as defined in the Terms) and you acknowledge and agree to grant certain rights to Archon and others users of the Service with respect to your User Content, in accordance with the terms and conditions set forth in the Terms.
TERM AND TERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling the App and ceasing all use of the Service. Archon may terminate the Service and/or this EULA at any time for any reason, including without limitation any actual or suspected misuse or abuse by you of the App or the Service. Sections 2, 3, 4, 5, 6, 10, 10, 12, and 13 shall survive any termination of this EULA.
MODIFICATIONS. Archon reserves the right, in its sole discretion, to change, modify, add, or remove portions of the App, or to change, modify, add, or remove portions of this EULA at any time by making such modified EULA available to you through the App. The EULA will be identified as of the most recent date of revision and will be effective immediately upon being made available through the App, except as follows: a) in the event any such modification materially alters your rights hereunder, we will attempt to notify you directly through a message sent to the email address you have provided to Archon if any, or through a pop-up window or other notification when you access or use the App or the Service, b) such materially modified EULA will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are made available to you, and c) no modifications to this EULA will apply to any dispute between you and Archon that arose prior to the date of such modification. Your use of the Service after modifications to the EULA become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of the EULA or any modifications thereof, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
While Archon strives to ensure that the Services do not alter any part of the User Content, it does not guarantee that no alteration will ever occur or that what is displayed in the Application or it its Site will at all times be a complete rendering of all User Content. Archon is not responsible for the accuracy, completeness, appropriateness, attribution or legality of the User Content, files, user posts, annotations, markups or any other information a User may be able to access using the Service. Ultimately, it is User’s responsibility to check that its Content as displayed on the Service is an accurate rendering as originally uploaded.
THE APP AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCHON DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. ARCHON EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE. ARCHON FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE. UNDER NO CIRCUMSTANCES WILL ARCHON BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, LIQUIDATED, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF ANY INTERRUPTION OF USE OF THE APP OR SERVICE, ANY LOSS OR CORRUPTION OF DATA, OR FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, EVEN IF ARCHON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL ARCHON’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP OR ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
INDEMNITY. You agree to indemnify, defend and hold Archon and its affiliates, officers, directors, suppliers, licensors, and other customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your use or misuse of the App and the Service, and your violation of this EULA, any applicable law or regulation, or the rights of any third parties related to the use of the Service.
THIRD PARTY SOFTWARE. The App may be distributed alongside certain third party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"), as set forth in more detail via the App’s Help menu; should third party terms be used. Your use of such Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted; however, you may have broader rights under the applicable Third Party Terms and nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software.
GOVERNING LAW; VENUE; ARBITRATION. THIS EULA, WHETHER INTERPRETED IN A COURT OF LAW OR IN ARBITRATION, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF LOUISIANA WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Archon agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within East Baton Rouge Parish, Louisiana for the purpose of litigating all such disputes. As further detailed in the Terms, you agree that all disputes brought under this EULA shall be resolved by binding arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. The Section titled “DISPUTE RESOLUTION AND ARBITRATION” in the Terms sets forth the further details of the dispute resolution and arbitration procedures under this EULA.
MISCELLANEOUS. This EULA, the Terms and the other Agreements are the entire agreement between you and Archon, and supersede any and all prior agreements, negotiations, or other communications between you and Archon, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. You may not export or re-export the App without (a) the prior written consent of Archon; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses. In the event that any provision of this EULA is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this EULA; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You may not assign this EULA without the prior written consent of Archon, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Archon may assign this EULA without restriction and without any notice to you or consent from you. Subject to the foregoing, this EULA shall be binding on the parties and their respective successors and permitted assigns. The failure to exercise, or delay in exercising, a right, power or remedy provided in this EULA or by law shall not constitute a waiver of that right, power or remedy. Archon’s waiver of any obligation or breach of this EULA shall not operate as a waiver of any other obligation or subsequent breach of the EULA.
NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Archon only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
CONTACTING ARCHON. The App and the Service are offered by Archon Application Systems, L.L.C.:10680 Creek Haven Lane, Denham Springs, Louisiana 70726; support@pinbloop.com.
Privacy Policy
Thank you for your interest in Pinbloop by Archon Application Systems, L.L.C. (“Archon,” “we,” or “us”) and our Web site at www.pinbloop.com (the “Site”), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on or through which a link to this Privacy Policy (this “Policy”) is displayed (collectively, together with the Site, our “Service”).
This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.
This Policy is incorporated into and is subject to the Pinbloop Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the Pinbloop Terms of Service.
The information we collect on the Service:
User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you register for an account, use the Service, post User Content, make a purchase on the Service, interact with other users of the Service through communication or messaging features, or send us customer service-related requests.
“Cookies” Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
“Automatically Collected” Information. When you use the Service, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.
Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and Archon does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
Integrated Services. You may be given the option to access or register for the Service through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Facebook credentials through Facebook Connect, or otherwise have the option to authorize an Integrated Service to provide personal information or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.
Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners, advertisers, and Integrated Services. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.
Geo-Location Information. Some Devices allow Applications to access real-time location-based information (for example, GPS). The Application does not collect such information as of the date this policy went into effect, but may do so in the future with your consent to improve the Service. Some photos you place on the Site or the Application may contain recorded location information. We may use this information to optimize your experience. Also, some of the Information collected from a Device, for example IP address, can sometimes be used to approximate a Device’s location.
Analytics. Some Information may also be collected (by Archon or by a third party service) using logging and cookies, which can sometimes be correlated with Personal Information. Archon uses this information for the purposes contained herein and to monitor and analyze use of the Service, for the Service’s technical administration, to increase Service functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.
Content. We may collect, convert and store the Content you upload, download, or access in connection with the Service. If you add Content to your account that has been previously uploaded by you or another user, Archon may associate all or a portion of the previous Content with your account rather than storing a duplicate.
How we use the information we collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
We use the information that you provide or we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users.
We use the information that you provide or we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.
We may use your email address or other information you provide or we collect on the Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to your User Content posted on the Service or (ii) to send communications, including updates on promotions, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
We may use “cookies” information and “automatically collected” information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; and (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed.