Terms of Service

November 24th, 2014 Posted by No Comment yet

Pinć

LICENSE AND TERMS OF USE

This License and Terms of Use govern your use of the Pinć mobile VR platform and smartphone case/VR glasses (“collectively refered to as Pinć”). Your use of Pinć is subject to your agreement and acceptance of this License and Terms of Use, which shall include all other operating rules, policies (including Cordon’s Privacy Policy at  www.hellopinc.com/privacy), and any future modifications and procedures that may be implemented from time to time by Cordon Media, Inc. (“Cordon”). If we change this License and Terms of Use, we will let you know about any material changes, either by notifying you on our Website or by sending you an email. New versions of the License and Terms of Use will never apply retroactively, we will tell you the exact date the changes go into effect. Your continued use of Pinć after such change(s), constitutes your agreement and acceptance of such changes.

 

PLEASE READ THIS LICENSE AND TERMS OF USE CAREFULLY. BY USING PINĆ, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS LICENSE AND TERMS OF USE.

 

1.   DEFINITIONS

For the purposes of this License and Terms of Use (including but not limited to the paragraphs above), the following terms shall have the following meanings:

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;

1.3 “Cordon” means Cordon Media, Inc., a company duly incorporated under the laws of the Province of Ontario, and the lawful owner of Pinć. For the purposes of this License and Terms of Use, “Codon” shall include its officers, directors, shareholders, employees, parent companies, subsidiaries, licensors, contractors, representatives, affiliates successors and assigns;

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.

3.3 Except as specifically set forth in this License and Terms of Use, you acknowledge that nothing herein grants you any other use, rights or interest in and to Pinć. Any use or other exploitation of Pinć which is not expressly permitted hereunder is strictly prohibited.

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.

 

4.   TERMS

4.1 These Terms of Use shall be available at all times on the Website.

4.2 Cordon reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms of Use at any time by posting such changes on the Website or otherwise making them available to you. Please review the Terms of Use periodically for any applicable changes. Your continued use of Pinć after such changes or modifications have been published and made available to you constitutes your agreement and acceptance of such changes. Notwithstanding the foregoing, any dispute that arises between you and Cordon will be governed by the License and Terms of Use in effect at the time such dispute arose.

4.3 Your use of Pinć is also subject to our Policies. All such Policies are hereby incorporated into and form part of these Terms of Use. Our Policies shall be available at all times on the WebSite.

4.4 Any new features, functions, enhancements and developments to Pinć shall be subject to and governed by this License and Terms of Use.

 

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

(b) accept and agree to be bound by this License and Terms of Use, as evidenced by creating an Account.

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.

6.2 You agree that all trademark and intellectual property marks and notices for Pinć will be preserved unmodified. You hereby acknowledge and agree that Pinć constitutes and contains valuable proprietary products and trade secrets of Cordon, embodying substantial creative efforts, Confidential Information, ideas and concepts. You further agree to refrain from any disclosure, duplication or reproduction of Pinć, except to the extent permitted under these Terms of Use.

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

PINĆ IS PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS FOR USE AT YOUR OWN RISK. CORDON HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, IMPOSED BY CONTRACT OR STATUTE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CORDON DOES NOT WARRANT OR REPRESENT THAT PINĆ WILL BE FREE FROM BUGS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF PINĆ IN TERMS OF RELIABILITY, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF INFORMATIONAL CONTENT OR OTHERWISE. YOU ACKNOWLEDGE THAT CORDON IS NOT RESPONSIBLE FOR AND WILL IN NO WAY BE LIABLE FOR LICENSED PRODUCTS, INCLUDING WITHOUT LIMITATION, YOUR iPHONE 6, HARDWARE, SOFTWARE OR OTHER ITEMS, NETWORK FAILURE OR ANY SERVICES PROVIDED BY ANY THIRD PARTY OR ENTITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY WARRANTIES OR REPRESENTATIONS OTHER THAN THOSE EXPRESS WARRANTIES SET FORTH IN THis License and  TERMS OF USE.

The provisions of this Section 9 shall survive in perpetuity.

 

10.   LIMITATION OF LIABILITY

10.1  Notwithstanding any loss or damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or otherwise) resulting from the use of Pinć, to the fullest extent permitted by law, in no event will Cordon be liable for any indirect, special, incidental, punitive, exemplary or consequential damages (including loss of use, data,  business, or profits), whether such damages arise in contract, tort (including negligence) or otherwise, whether or not Cordon has been advised of the possibility of such damages, arising out of, relating to, or in any way connected with Pinć or these Terms of Use whether directly or indirectly. Your sole remedy for dissatisfaction with Pinć is to cease using Pinć immediately.

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;

(b) any modifications of this License and Terms of Use, the Pinć platform, or any part or element thereof, including any permanent or temporary interruption, discontinuance, suspension deletion of, corruption of, or failure of Pinć;

(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;

(h) the application of any remedies available to Cordon hereunder against you for any breach or reasonably assumed breach of the terms and conditions of these Terms of Use;

(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.

 

11.    INDEMNIFICATION

You hereby agree to indemnify and hold harmless Cordon from any and all claims, losses, damages, liabilities, expenses (including attorney’s fees), arising out of your use or misuse of Pinć, representations made to Cordon and/or third parties, violations of this License and Terms of Use, or violations of the rights of any other person or entity. Cordon reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Cordon, and you agree to fully cooperate with such defense of these claims.

 

12.  GENERAL PROVISIONS

12.1 Relationship of the Parties. For all purposes of this License and Terms of Use and the use of Pinć, the Parties shall be deemed to be independent and neither Party shall be for any purpose, considered agents, employees, representatives or servants of the other Party and they shall in no way represent themselves as such. Nothing in this License and  Terms of Use shall be construed as, nor shall they in any way constitute, an employer-employee, agency, partnership, joint venture or similar relationship between you and Cordon.

12.2 Privacy Policy and Privacy Laws. Any information that You provide to Cordon is subject to our Privacy Policy (available at www.hellopinc.com/privacy), which governs Cordon’s collection, use and disclosure of Your information.

You understand that through your purchase and use of Pinć, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the possible transfer of such information to the United States and/or other jurisdictions for storage, processing and/or use.

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.

12.3 Notices. Any notices, reports or other communications required to be given by Cordon under this License and Terms of Use shall be sufficient if published on the Website or in writing and delivered by courier, mail, facsimile or email, addressed to you at the address you provide. Any notices, reports or other communications required to be given by you under this License and Terms of Service shall be sufficient if delivered by courier, mail, facsimile or email addressed to Cordon at the addresses provided on the Website. Any such notices, reports or other communications shall be deemed to have been received by the Party(s) to whom they were addressed when received.

12.4 Disputes. Any dispute arising under or related to this License and Terms of Use shall first be addressed between the Parties. Disputes shall be addressed as soon as they arise, or at least within five (5) business days. If a resolution of a dispute cannot be reached between the Parties, then the Parties may choose to submit their dispute to a mediator. The mediation will be conducted by a neutral mediator from a list of proposed mediators that the Parties agree to use. The rules and procedures set out by the mutually selected mediator shall govern the mediation and each Party agrees to abide by these rules and procedures. Nothing in this paragraph precludes the Parties from resolving their dispute through other judicial means.

12.5  Severability. If any provision of this License and Terms of Use or application thereof is deemed to be unenforceable or invalid for any reason, such invalidity or unenforceability shall be severed and shall not affect any other provision or application of the License and Terms of Use which can be given effect without the invalid or unenforceable provision, and all other provisions of the License and Terms of Use shall remain in full force and effect.

12.6 Entire Agreement. This License and Terms of Use and Policies referenced herein constitutes the entire agreement between you and Cordon and supersedes all prior agreements and understandings with respect thereto, whether oral or written, with regard to Pinć.

12.7 No Waiver. The failure of either Party to exercise any right granted under this License and Terms of Use, or to require the performance by the other Party of any provision herein, or the waiver by either Party of any breach of these Terms of Use, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision herein.

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.

12.9  Governing Law. The License and Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. The Parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. The Parties attorn to the jurisdiction of the courts located in the City of Toronto.

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