SchoolPinnd Terms of Service

Last Updated: January 2nd, 2018

Welcome to SchoolPinnd!

SchoolPinnd, LLC (“SchoolPinnd,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.schoolpinnd.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.schoolpinnd.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

The Terms of Service describes your rights and responsibilities in your use of SchoolPinnd’s website, mobile apps, and service, both as a visitor and as a registered SchoolPinnd member, and what you can expect from us. By clicking “I accept” or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding agreement. 

Services Description. SchoolPinnd is a private social network and online platform for persons residing in and/or with a child or children in a specific school district and/or persons in and/or with a child or children in a specific school. We use “SchoolPinnd” here to refer to the SchoolPinnd.com website and/or any mobile apps and/or other apps that provides you with access to that platform. We also use “SchoolPinnd” to refer to the companies operating our Services.

Registration Obligations and Eligibility. You may be required to register with SchoolPinnd in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. You must use your real name, not a pseudonym. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. Convicted sex offenders, including registered sex offenders, and their households are not eligible for SchoolPinnd accounts. We may also deny other account registrations we think would harm the SchoolPinnd community.

Accounts, Password, and Security. SchoolPinnd offers personal accounts to individual members, and special, restricted-functionality accounts to schools, school districts, businesses, nonprofits, news media, and other organizations. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SchoolPinnd of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. SchoolPinnd will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service. SchoolPinnd reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SchoolPinnd will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Use and Storage. You acknowledge that SchoolPinnd may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on SchoolPinnd’s servers on your behalf. You agree that SchoolPinnd has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to or by the Service. You acknowledge that SchoolPinnd reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SchoolPinnd reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conduct; Being a Good Community Member. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use. SchoolPinnd reserves the right to investigate and take appropriate legal action against anyone who, in SchoolPinnd’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable or tortious; or (vi) in the sole judgment of SchoolPinnd, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose SchoolPinnd or its users to any harm or liability of any type;

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

Violate any applicable local, state, national or international law, or any regulations having the force of law;

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Solicit personal information from anyone under the age of 18;

            Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

SchoolPinnd requires exemplary community behavior. Our “Community Guidelines” outline our expectations regarding appropriate use of SchoolPinnd. SchoolPinnd does not proactively screen or monitor content posted by members; however, we can remove posted content, or suspend, delete or deactivate your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we find harmful.

Commercial Use. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

User Content Transmitted Through the Service. With respect to the content or other materials you upload, post, or otherwise submit to the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. You retain all ownership rights to the text, photos, video, and other content you submit to SchoolPinnd (collectively, your “Content”). By uploading, posting, or otherwise submitting any User Content you hereby grant and will grant SchoolPinnd and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to SchoolPinnd are non-confidential and SchoolPinnd will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that SchoolPinnd may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SchoolPinnd, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
 

Service Content, Software, and Trademarks. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SchoolPinnd, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload or post to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of SchoolPinnd, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by SchoolPinnd.

The SchoolPinnd name and logos are trademarks and/or service marks of SchoolPinnd (collectively the “SchoolPinnd Trademarks”). Other SchoolPinnd product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SchoolPinnd. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SchoolPinnd Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of SchoolPinnd Trademarks will inure to our exclusive benefit.

Third Party Materials. Under no circumstances will SchoolPinnd be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SchoolPinnd does not have a duty to pre-screen content, but that SchoolPinnd and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, SchoolPinnd and its designees will have the right to remove any content that violates these Terms of Service or is deemed by SchoolPinnd, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Third Party Websites. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. SchoolPinnd has no control over such sites and resources and SchoolPinnd is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that SchoolPinnd will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that SchoolPinnd is not liable for any loss or claim that you may have against any such third party.

Interacting with Other Members. Our Community Guidelines outline our expectations regarding appropriate use of SchoolPinnd, including how members interact with each other. While we hope other members will behave in conformity with our Community Guidelines, we do not control and are not responsible for their actions; we encourage you to do your own research before deciding to interact or do business with another member. In using SchoolPinnd and any member-to-member transactional features, you, like every member, are acting on your own behalf and are responsible for your own decisions and actions, including posting Content and interactions with other SchoolPinnd community members. If you write a recommendation or other comment about another community member or a business, be truthful and fair in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

SchoolPinnd does not interview, run background checks on, monitor, supervise, or control SchoolPinnd members and your use of SchoolPinnd does not make us an employer, placement agency, representative, or agent of or for you or any other neighbor or service provider. If you and another member decide to work together, the two of you, and not SchoolPinnd, are responsible for complying with any laws that might apply, such as tax or employment laws. SchoolPinnd is not a party to transactions or disputes between members.

Feedback. Please feel free to share any feedback, suggestions, or ideas you have about SchoolPinnd with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.

Copyright and DMCA. If you believe Content on SchoolPinnd infringes your copyright, you can reach us at:

SchoolPinnd.com, LLC

Email: info@schoolpinnd.com

If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).

Governing Law. This agreement is governed by Pennsylvania law as it applies to agreements entered into and to be performed entirely within Pennsylvania.

Integration. This agreement includes our privacy policy and, if and to the extent applicable to you, our dispute resolution terms for U.S. residents, our terms of service addendum for government agencies, our news media addendum, and our business addendum. It constitutes the entire agreement between you and us with respect to our Services, and supersedes any other agreements or understandings (oral or written). We can amend this agreement, any additional terms, or the privacy policy by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in your school’s news feed). If you keep using SchoolPinnd after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using SchoolPinnd and delete your account.

No Warranty. SCHOOLPINND AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using SchoolPinnd or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

Indemnity and Release. You agree to release, indemnify and hold SchoolPinnd and its affiliates and their officers, employees, directors, agents, subsidiaries, and joint ventures harmless from any and all claims, losses, damages, expenses of every kind and nature, known and unknown, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

This includes disputes between members and/or users of SchoolPinnd and its services. If you have a dispute with another SchoolPinnd member, we hope that you will be able to work it out amicably. If you cannot, SchoolPinnd is not responsible for the actions of its members; each member is responsible for their own actions and behavior. You agree that you are solely responsible for your interactions with any other user in connection with the Service and SchoolPinnd will have no liability or responsibility with respect thereto. SchoolPinnd reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Liability Limits. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH SCHOOLPINND, INCLUDING THE SCHOOLPINND SERVICES, OUR SOFTWARE, YOUR USE OF SCHOOLPINND OR ANY SCHOOLPINND SERVICE, OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so they may not apply to you.
 

Dispute Resolution. If you have a dispute with SchoolPinnd, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
 

Arbitration. At SchoolPinnd’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Pittsburgh, Pennsylvania before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Termination. You agree that SchoolPinnd, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if SchoolPinnd believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. SchoolPinnd may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that SchoolPinnd may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SchoolPinnd will not be liable to you or any third party for any termination of your access to the Service.

General. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations are for convenience only. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not (i) located in a country that is subject to a U.S., Irish or EU, Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.

These Terms of Service constitute the entire agreement between you and SchoolPinnd and govern your use of the Service, superseding any prior agreements between you and SchoolPinnd with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and SchoolPinnd agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Allegheny County, Pennsylvania. The failure of SchoolPinnd to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of SchoolPinnd, but SchoolPinnd may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Privacy. Our privacy policy explains how we handle member and visitor data collected and generated in the course of visiting or using SchoolPinnd. By using this Service, you consent to our collection and use of personal data as outlined therein. For details please see our Privacy Policy. Acceptance of these Terms of Service also constitutes acceptance of our Privacy Policy.