Guys Pin

Terms of Use

GuysPin ("GuysPin", "we") provides the GuysPin web site to you ("you"), subject to the terms of this agreement. As part of GuysPin, GuysPin maintains a World Wide Web site, GuysPin.com (the "web site"). The purpose of the web site is to allow users to share and discuss things they find interesting. The following are the terms and conditions for use of GuysPin and the Web Site, along with any amendments thereto, and any operating rules or policies that may be published from time to time by GuysPin (collectively, the "GuysPin Agreement" or "Agreement"). Please read them carefully. The term "Member" in this Agreement refers to any person or entity that has entered into this Agreement with GuysPin. You must be at least 18 years of age to accept this Agreement. GuysPin may require that the registrant provide sufficient information to indicate that the registrant is an adult. Minors should access GuysPin only by having their parent or legal guardian register for them and open an account that the parent or legal guardian authorizes the minor to use. BY ACCESSING OR USING THIS SITE OR IT'S CONTENTS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. GuysPin may elect at its sole discretion to monitor some, all or none of the areas of GuysPin for adherence to this Agreement or for any other reason.

1. ACCOUNT INFORMATION.

(i) Registration. You agree to provide GuysPin with ongoing, accurate, complete, and updated registration information when you register. Failure to do so constitutes a breach of this Agreement and unauthorized access to GuysPin, and may result in immediate termination of your account and subject you to civil and/or criminal liability.

(ii) Master Account. When you register online for GuysPin, you will receive a password and a master account ("Master Account"). You are entirely responsible for any and all activities conducted through your Master Account and any Member-names under your Master Account. You may permit another individual to use your Master Account subject to your supervision and assumption of all resulting liabilities. You agree to notify GuysPin immediately of any unauthorized use of your password or any of your accounts, or of any other breach of security.

(iii) Passwords. Upon your registration as a Member of GuysPin, you will select a password. You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your Master Account(s). GuysPin offers you the ability to connect with third party services such as Facebook, and by using this option, you give GuysPin permission to access data from the third-party service as the service allows or as you have agreed to within the third-party service. At no time should you respond to an online request for a password, except when prompted by the GuysPin sign in or for special GuysPin promotional programs. GuysPin employees will never ask for your password online. YOU ARE FULLY LIABLE FOR ALL CHARGES AND ACTIVITY, IF ANY, UNDER YOUR MASTER ACCOUNT(S), INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNT(S).

(iv) Member Names. Upon your registration as a Member of GuysPin, you may be asked to choose a Member name to identify yourself to other Members and GuysPin staff. You may not select or use a Member name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which GuysPin deems in its discretion to be vulgar or otherwise offensive. GuysPin reserves the right to delete any vulgar or otherwise offensive Member name, or to require deletion thereof.

(v) Former Members. Members whose accounts have been terminated by GuysPin may not access GuysPin in any manner or for any reason without the express written permission of GuysPin. Active Members may not knowingly allow former Members who have been terminated to use the active Members' accounts.

2. MEMBER PRIVACY

It is GuysPin's policy to respect the privacy of its Members.

Please refer to GuysPin's PRIVACY POLICY for more information. You agree that:

GuysPin may access and disclose any information about you, your accounts, or any content you provide on our site if GuysPin believes in good faith that such action is reasonably necessary to enforce this Agreement or its copyright policy, to comply with the law, to comply with legal process, to operate its systems properly, to protect itself, its Members, or others, or as stated in the Privacy Policy.

Please note that the GuysPin web site is a public platform and that other users may see, use or re-pin content that you post within your account. Although GuysPin offers a 'Private Board' option within our board settings area, we cannot and do not guarantee that content posted within your account will remain private. GuysPin uses adequate but not highly secure methods for securing the 'Private Board' content, so we urge you to refrain from posting any content you feel is highly sensitive in nature.

3. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that:

GuysPin may contain music, files, audio, sounds, games, information, communications, software, text, photos, video, graphics, and other material and services (collectively, "Content"), and such Content may be provided under license by independent content providers ("ICPs"), including, but not limited to, content publishers and other Members. You, and any user of your Master Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content for any purpose whatsoever. GuysPin does not guarantee the Content in any way, to be suitable for any use or to be free from legal issues, infringements, or other problems regarding it's suitability for any purpose. GuysPin does not pre-screen Content as a matter of policy, but GuysPin and ICPs shall have the right, but not the responsibility, to remove Content which is deemed in their discretion harmful, offensive, or otherwise in violation of this Agreement. Such removal may be immediate and without notice.

You acknowledge that:

GuysPin permits access to Content that is protected by copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights owned by GuysPin or third parties (collectively, "Rights"), these Rights are valid and protected in all media existing now or later developed, and except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws.

GuysPin allows you the right to use the Content for your personal non-commercial use, to share, parody, editorialize and otherwise discuss with others things you find interesting. GuysPin reserves the right to terminate this right without notice for any reason.

You may not otherwise modify, copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute in any way Content available through GuysPin, including code and software, without express prior written consent.

4. UPLOADING AND CONTENT TRANSMISSION:

You agree that you may upload or otherwise transmit on or through GuysPin only Content that you are the sole owner and copyright holder thereof.

You agree not to upload or otherwise transmit on or through GuysPin, Content that you do not have full rights to distribute or share.

Unless specified otherwise in your upload or transmission, by submitting Content to any area of the GuysPin Web Site, you automatically assign to GuysPin a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. You also grant GuysPin the right to authorize the downloading and printing or broadcasting of such material or any portion thereof, by GuysPin assigns, end users or Members for their use.

GuysPin, in its sole discretion, may remove Content that appears to infringe the intellectual property rights of others, and also may terminate the accounts of Members who have posted infringing material.

5. IMPERMISSIBLE CONDUCT AND SPAMMING

GuysPin should not be used solely as an overt advertising platform for your own self-serving products/services. Users will lose their accounts for violating this provision. We don't mind you posting items from your own site to get some traffic from time to time, but don't litter the boards with overt advertisements or spam. Make sure the content is good content and don't make it look like an advertisment. When you post good content, people will click on it and end up at your site. We ask that you limit self-serving posts (posts that link back to your site) to no more than 25% of your overall posting. Please write us with any questions regarding this policy.

You may not engage in conduct or communication while using GuysPin which is unlawful or which restricts or inhibits any other user from using or enjoying GuysPin. You agree to use GuysPin only for lawful purposes. You agree to abide by all applicable local, state, national and international laws and regulations. Any conduct by you that in GuysPin's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying GuysPin or another service will not be permitted and shall entitle GuysPin to immediately terminate your membership without notice.

You may not post material or use GuysPin to: harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user of GuysPin or other person or entity, post, broadcast, or transmit sexually explicit images or other content which is deemed by GuysPin to be offensive or harmful to minors, post, broadcast, or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable Content, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, even if masked by symbols or other characters.

You may not impersonate any person, including but not limited to, an GuysPin official or agent, communicate under a false name or identity or a name that you are not entitled or authorized to use, in any form of online communication, including, but not limited to, Member names, Member profiles, audio, video, text or graphic chat and message postings, post or transmit chain letters, pyramid schemes, junk mail, spam or any duplicative or unsolicited messages (commercial or otherwise), post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities, except in those areas that are designated for such a purpose, violate any operating rule, regulation, procedure, policy or guideline of any other interactive service, or interfere with or disrupt networks connected to GuysPin.

You may not intentionally or unintentionally violate any applicable local, state, national or international law or regulation, modify any files which GuysPin does not specifically authorize you to modify, modify or deface any GuysPin web pages, knowingly distribute malware, knowingly distribute software or content in violation of any license agreement, violate any U.S. law regarding the transmission of technical data or software exported from the United States, harvest or otherwise collect information about others, including e-mail addresses, without their consent, transmit, post, broadcast, publicly display, perform, copy, distribute, download, alter, make a derivative work from ,or use any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, right of publicity, or right of privacy, without the express permission of the Rights holder, attempt to gain unauthorized access to GuysPin, other member accounts, computer systems or networks connected to GuysPin, through password mining or any other means, or use the HTML capabilities of your profile to negatively affect another member's experience.

If you witness any conduct that violates GuysPin's terms of conduct, GuysPin encourages you to contact GuysPin Customer Service through any means described on the Web Site. If you believe that your copyright in any material has been infringed on the GuysPin site, please refer to our DMCA Copyright Notice page here on the web site and notify our Member Support via our Contact Us page for DMCA or Notice of copyright complaints. GuysPin will make every attempt to rapidly remove any content which is deemed inappropriate or impermissible for any legal reason, especially concerning copyright infringement.

6. DISCLAIMER OF WARRANTY

GuysPin expressly disclaims all warranties and conditions of any kind, either express or implied, in regards to the files. GuysPin does not imply fitness for any particular use or purpose, non-infringement of third party rights, or any other fitness or suitability for any usage of the files.

GuysPin makes no warranty regarding any legal advice or proper legal use of any of the Content, files, or assets contained on or obtained from GuysPin. Nothing on this web site is intended as legal advice and GuysPin makes no claims or warranties as to the validity or correctness of any information that User may assume is correct legal information or advice. Users are responsible for determining fitness of files for any particular purpose. User agrees to hold GuysPin harmless from any claims related to User's usage of images.

GuysPin assumes no responsibility for any result, action or liability arising from the possession or use of content, files, images, fonts or other software, data or information obtained from GuysPin.

YOU EXPRESSLY AGREE THAT USE OF GuysPin, ALL CONTENT, FILES, INFORMATION AND SOFTWARE DISTRIBUTED BY OR OBTAINED FROM GuysPin, AND THE INTERNET ARE AT YOUR SOLE RISK. GuysPin IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT GuysPin DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH GuysPin. GuysPin IS NOT RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES OR MEMBERS, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT DISTRIBUTED THROUGH GuysPin.

For any dispute you encounter with the GuysPin web site for any reason, you agree to contact GuysPin first via our Support Email form on our Contact page first, in an attempt to resolve the dispute informally, and to give GuysPin a reasonable amount of time to attempt to resolve your dispute. In the unlikely event that the dispute cannot be resolved without mediation, we both agree to resolve any dispute or claim regarding GuysPin by binding arbitration by the American Arbitration Association under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. ALL CLAIMS MUST BE HANDLED IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS PART OF A CLASS ACTION OR PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT BY USING THE GuysPin WEB SITE AND ENTERING INTO THESE TERMS YOU AND GuysPin ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

GuysPin is operated from facilities in the United States and makes no warranty of any kind as to the appropriateness, legality or suitability of the GuysPin service in other countries.

GuysPin DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH GuysPin BY ANY THIRD PARTY, WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND WILL NOT BEAR ANY RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES, POLICIES OR ACTIONS. MEMBERS USING ANY SUCH PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS RELATING TO THE USE OF SUCH THIRD PARTY CONTENT, SOFTWARE OR SERVICES AND FAILURE TO ABIDE BY THOSE ADDITIONAL TERMS AND CONDITIONS MAY RESULT IN TERMINATION OF MEMBERSHIP.

THE ABOVE CAPITALIZED STATEMENTS COMPRISE THE MOST FUNDAMENTAL CORE OF THE AGREEMENT BETWEEN GuysPin AND YOU.

7. LIMITATION OF LIABILITY

You acknowledge that GuysPin or any third party shall not assume or have any liability for any action or service provided by GuysPin or its ICPs or other licensors with respect to conduct, communication or content on GuysPin. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall GuysPin be liable for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if GuysPin has been advised of the possibility of such damages) in connection with GuysPin or with any other product or service provided by GuysPin, or resulting from the use of or the inability to use GuysPin, or from any goods or services purchased or obtained or transaction entered into through or from GuysPin, or from unauthorized access to or alteration of your transmissions, data, or account. You specifically agree that GuysPin is not responsible or liable to you or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy. GuysPin's entire liability and your exclusive remedy with respect to use of GuysPin and all software distributed by GuysPin shall be the replacement of any software developed by or for GuysPin which is found to be defective, using media chosen by GuysPin. GuysPin's liability to you for breach of this agreement is limited solely to $10. Some states do not allow the exclusion or limitation of liability for certain damages; in such states GuysPin's liability is limited to the extent permitted by law.

8. INDEMNIFICATION

You agree to defend, indemnify and hold harmless GuysPin, its parents, subsidiaries, affiliated companies, officers, employees, licensees, distributors and ICPs from all losses, liabilities, claims, demands, damages or expenses, including reasonable attorney's fees, (i) arising from breach of this Agreement, or arising in connection with the transmission by or through your Master Account(s) of any Content on GuysPin, or (ii) asserted by any third party due to or arising from or in connection with your use of or conduct on GuysPin, or (iv) arising from use of the GuysPin service. GuysPin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, which shall not excuse your indemnity obligations. Further, you understand that GuysPin does not screen the web site content as policy and is acting only as a public conduit for information and content being uploaded by our users, and thus you may be exposed to content you find offensive, inaccurate, objectionable, or unsuitable for your use.

9. TERMINATION

Either you or GuysPin may terminate your account with GuysPin at any time with or without cause. Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of GuysPin, (ii) Content available through GuysPin or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account with GuysPin by notifying GuysPin Member Support of your desire to terminate by email. Prior to any such changes being made you will be prompted to accept any such charges you may be owing and submit your billing information. Your notice of termination will be effective upon receipt by GuysPin, or upon receipt of confirmation if confirmation is requested. If your Master Account(s) are terminated or canceled, no refund of any GuysPin services or special event fees will be granted.

As stated in Section 4. "UPLOADING AND CONTENT TRANSMISSION" GuysPin reserves the right to keep any Content you have uploaded on the GuysPin web site, and to re-assign the Content to a GuysPin account if deemed necessary by GuysPin.

Failure to access (log into) an account for more than 2 years may cause any account to be terminated at the discretion of GuysPin.

10. ENTIRE AGREEMENT; MODIFICATION OF AGREEMENT

This Agreement comprises the entire agreement between GuysPin and you, and supersedes any prior agreements between you and GuysPin with respect to the subject matter hereof or thereof. However, you are subject to any additional terms and conditions of which you are notified or are posted here on the web site, and/or which may apply when using third party content, software or services. GuysPin reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Web Site on GuysPin.com. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 8. Your continued use of GuysPin following posting of the revised Agreement on the Web Site shall be conclusively deemed to be acceptance of all such revisions. - See more at: http://GuysPin.com/terms.html#sthash.xv4oQGKZ.dpuf

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