1.1 “Account” means the central means for access and use of the Pinć platform;
1.2 “Customer” means a natural or legal person whom has purchased Pinć for its own use;
1.4 “Intellectual Property Rights” means all intellectual property rights protected by law throughout the world, including all copyrights, copyright registrations and applications, trademark rights (including trade dress), trademark registrations and applications, patent rights (including the right to apply therefor), patent applications (including the right to claim priority under applicable international conventions) and all patents issuing thereon, inventions (whether or not patentable), together with all utility and design, know-how, specifications, trade names, trade secrets, moral rights, author’s rights, algorithms, ideas, concepts, techniques, methodologies and expertise created, goodwill, and other intellectual and industrial property rights, as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under the laws of Canada or of any other province, country or jurisdiction;
1.5 “License” means the limited, non-exclusive, non-transferrable license being granted by Cordon to Customer to use Pinć in accordance with the terms and conditions set forth herein;
1.6 “Party, Parties” refers to Cordon and/or Customer, as applicable;
1.7 “Website” means the compilation of all web documents (including images, php and html files) made available via www.hellopinc.com; and
1.8 “you/your” refers to the Customer.
2. ABOUT PINĆ
Pinć is a mobile VR platform and smartphone case that unfolds into VR glasses allowing users to maximize on the power of their iPhone 6.
Cordon has developed a patent pending prototype for the only pocket sized mobile platform bringing VR headsets out of the gaming world and into the mainstream. The device is controlled by optical control rings worn on index fingers that pinch to click with users’ hands. Pinć is an iOS platform built on the concept of spatial computing, turning browsing, multitasking and shopping into an immersive virtual reality experience.
3. LICENSE AND RESTRICTIONS
3.1 Subject to the terms and conditions herein, Cordon hereby grants to you a limited, non-exclusive, non-transferable License to use Pinć for its intended purpose as described herein.
3.2 Except as expressly set forth herein, you shall NOT:
(a) (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover, in any way, any source code, programming, algorithms, design structure, concepts, construction methods, underlying ideas, or file formats of Pinć, for any purpose; (ii) remove any identification markings, including but not limited to copyright notices and trademarks from Pinć; or (iii) make any modification, enhancement, or derivative work of Pinć, or incorporate Pinć, or any portion thereof, into or with any other software or digital application;
(b) Modify, copy, duplicate, reproduce, sell, adapt, hack, create derivative works, sub-license, assign, distribute or transfer in any manner or form Pinć, in whole or in part;
(c) use Pinć to develop or distribute any software product that is similar or competes in the marketplace with Pinć;
(d) use Pinć, or any part or element thereof, for committing a crime or any other violation of Applicable Law, or for facilitating any unlawful actions by a third party; or
(e) otherwise use Pinć for anything other than the intended purpose as more particularly described herein.
3.4 Except as specifically stated herein, you acknowledge that Cordon has no responsibility for providing you with any services, support or other products, and that Cordon is under no obligation to create any product upgrades or enhancements to Pinć.
5. CUSTOMER ACCOUNT
5.1 Pinć can be used or accessed only by means of an active Account. In order to create an Account, you must:
(a) provide your full legal name, a valid email address and any other information requested in order to complete the registration required by Cordon for the use of Pinć; and
5.2 Each Customer shall have only one Account and shall be solely responsible at all times for any use of Pinć via their Account.
5.3 Cordon will provide you with a username and password in order to log in to your Account. You are responsible for keeping all login credentials associated with your Account secure and confidential in order to protect and prevent any unauthorized use or Access of the Pinć platform.
5.4 You may cancel your Account at any time by providing Cordon with written notice.
5.5 Cordon reserves the right, in its sole discretion, to suspend or terminate your Account and refuse any and all current or future use of Pinć for any reason at any time, particularly in the event of any misuse of the Pinć platform by you.
5.6 Neither party shall be liable to the other for any compensation, reimbursement or damages for the mere reason of termination or cancellation of an Account.
6. OWNERSHIP OF INTELLECTUAL PROPERTY AND TRADEMARKS
6.1 You hereby acknowledge and agree that Cordon exclusively owns or licenses Pinć, including without limitation, the platform, Website, system, and any parts or elements thereof, and is the exclusive owner of all proprietary and Intellectual Property Rights and trademarks associated with Pinć hereunder and, except as set forth herein, Cordon does not grant any rights to or interest in Pinć to you.
6.3 You agree not to challenge, directly or indirectly, any right or interest of Cordon in Pinć or any derivative work, nor the validity or enforceability of Cordon’s rights under Applicable Law. You agree not to, directly or indirectly, register, apply for registration or attempt to acquire any legal protection for, or any proprietary rights in Pinć or any derivative work, or to take any other action which may adversely affect Cordon’s rights or interest in Pinć in any jurisdiction.
6.4 You shall not, either for your own benefit or for the benefit of any third party, develop, duplicate, use, sell, license, distribute, promote or in any other way compete with Pinć with any product or technology that is the same, substantially the same or could be reasonably deemed to be similar to Pinć.
6.5 You agree not to use the name “Pinć” or any of the Pinć names or marks (or any similar name or symbol), in whole or in part, as part of the your business or trade name.
6.6 The provisions of this Section 6 shall survive in perpetuity.
7. PROHIBITED USE
7.1 You hereby agree that you will NOT use Pinć in any manner that:
(a) infringes, violates, or misappropriates any third party rights, including any moral right, privacy right, right of publicity, or any intellectual property or proprietary right;
(b) violates any Applicable Law or regulations, including without limitation, applicable privacy laws;
(c) constitutes any fraudulent activity or forgery; or
(d) violates the rights of Cordon, its Customers or any other third party, or is harmful (for example viruses, worms and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, hateful or otherwise unlawful.
7.2 You agree that you are solely responsible for your use of Pinć. Cordon is not liable or responsible in any way, without limitation, for any unlawful, fraudulent or harmful activity, or for any use or misuse of Pinć whatsoever.
7.3 You are NOT permitted to use Pinć with any other VR platforms other than the Pinć platform.
8. THIRD-PARTY WEBSITES
Cordon may provide links to other third party websites or services (“Linked Sites”) via our Website or the Pinć platform solely as a convenience to you. Cordon does not endorse any such Linked Sites or make any express or implied warranties with regard to the information, content, material, products or services that are contained on or accessible through the Linked Sites. Access and use of the Linked Sites are solely at your discretion and at your own risk.
9. NO WARRANTY
The provisions of this Section 9 shall survive in perpetuity.
10. LIMITATION OF LIABILITY
10.2 Notwithstanding anything to the contrary contained herein, the entire liability of Cordon and your exclusive remedy shall not exceed 100% of the purchase price paid by you for Pinć.
10.3 Cordon shall not be liable to you for any consequences, losses or damages, without limitation, resulting from:
(a) any errors, unavailability, interruption or discontinuance, in whole or in part, of the Pinć platform;
(c) your inability to access or use Pinć for any reason;
(d) any disclosure, loss, misuse or unauthorized use of your login credentials;
(e) the prohibited use of your Account or Pinć via any other VR platform other than Pinć;
(f) any error, defect or deficiency in the Pinć platform;
(g) any updates, unavailability or discontinuance, in whole or in part, of Pinć;
(i) your failure to notify Cordon of any unauthorized use of your Account; or
(j) your failure to abide by any of the use restrictions set forth herein.
12. GENERAL PROVISIONS
You also acknowledge and agree that through the use of Pinć you may be collecting, processing and using personal information of third parties, and that you are responsible for such use and collection of personal information in compliance with all applicable Privacy Laws.
12.8 Assignment. You may not assign, transfer or sublicense any rights, interests or obligations hereunder without the prior written consent of Cordon. Cordon has the right to assign, transfer, or delegate any of its rights, interests and obligations hereunder without your consent. Cordon will provide you notice of any such assignment in accordance with the notice provisions hereunder.