Last updated September 6, 2018
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE, APP OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, APP OR SERVICE, YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
The Website, App and Service enable registered persons (“ Users ”) to promote their personal and professional selves through an interactive digital platform.
• Grant. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and App on a computer, tablet device or mobile phone that you own or lawfully control. If you have accessed or downloaded the App from any “app” store or distribution platform, such as the Apple App Store or Google Play (“ App Provider ”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only, and we are solely responsible for the App; (ii) the App Provider has no obligation to furnish any maintenance and support services for the App; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and (v) you will comply with all applicable third-party terms of service when using the App.
• Ownership. All materials contained on, in, or available through the Website, App and Service, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (“ Pointr Content ”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms.
All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with the Pointr Content, whether registered or not, are our sole property or the property of third parties. The Pointr Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website, App or Service, any ownership rights in the Pointr Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website, App or Service, unless such upgrade is accompanied by separate terms in which case such updated terms will govern.
• Limitations. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website, App or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website or App for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website, App or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website and App, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website, App or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
To create an Account (defined below), you must be at least 16 years old. If you are not 16 years old, please have a parent or legal guardian contact email@example.com before using the Website, App and Service.
Charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website, App and Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website, App and Service may be upgraded from time to time to add support for new functions and services.
You may not transfer your Account to another person or share it with anyone. You are responsible for all activities that occur under your Account. We will not be responsible for any issues that may result if you fail to comply with these requirements. You agree to notify Pointr immediately of any unauthorized use of your Account or any breach of security with respect to your Account.
If you wish to create and post a profile on our Website, App and Service, you must first create an account with us ( “Account” ). In creating an Account, you will be required to provide information such as your name, street address and email address, as well as more subjective information such as your career goals and personality traits. You agree to (a) provide true, accurate, current and complete information; (b) update your Account information, when necessary, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your Account.
In connection with your use of the Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service;
(viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Users to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.
Pointr may disclose to you certain information about Pointr’s business affairs, products, services, confidential intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information (collectively, "Confidential Information"). Confidential Information shall not include information that, at the time of disclosure and as established by documentary evidence: (i) is or becomes generally available to and known by the public other than as a result of any breach of this Section by you; (ii) is or becomes available to you on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was known by you before being disclosed by or on behalf of Pointr; (iv) was or is independently developed by you without reference to or use of any of Pointr’s Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation or a valid order issued by a court or governmental agency of competent jurisdiction. You shall protect and safeguard the confidentiality of Pointr’s Confidential Information with at least a commercially reasonable degree of care. You agree to use Pointr’s Confidential Information solely to the extent necessary to use the Website, App and Service and you shall not reverse engineer, disassemble, decompile or perform compositional, structural, functional or other analysis of any prototypes, software, product samples, or other tangible objects that embody Pointr’s Confidential Information and that are provided to you. In addition to all other remedies available at law, Pointr may seek equitable relief (including injunctive relief) against you to prevent the breach or threatened breach of this Section and to secure its enforcement.
“User Submissions” are any information, text, messages, photographs, artwork, videos, audiovisual work and/or other materials that you post, upload, embed, display, publish, communicate or otherwise submit on or through your profile or elsewhere the Website, App or Service. Most User Submissions will be publicly displayed. You warrant and represent that you are the rightful owner of all of the rights to your User Submissions (including without limitation moral rights) or have the appropriate license or sublicense rights from the owner, without the need for any permission from or payment to any other person or entity, and that the information you submit is true and accurate. You are entirely and solely responsible for all your User Submissions and the consequences of submitting them to, or posting or publishing them on, the Website, App and Service.
You hereby grant to us and our officers, directors, employees, agents, licensees, distributors, representatives and affiliates, a non-exclusive, perpetual, irrevocable, unrestricted, fully-paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all intellectual property rights you own or control to use, reproduce, distribute, transmit, prepare derivative works of, publicly display, index, comment on, modify, perform and otherwise exploit your User Submissions, in whole or in part, for any purpose and in any media formats and channels (including among others on other websites, and in products and services offered by us) now known or subsequently devised, in each case without compensation, attribution, liability or notice to you and without the requirement of any permission from or payment to you or to any others. Although we have no obligation to review any User Submissions, we reserve the right, in our sole discretion, to edit or remove any and all User Submissions, without prior notice.
THE WEBSITE, APP AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE, APP OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE, APP OR SERVICE;
AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, APP OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE, APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE, APP OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, APP AND SERVICE.
IN NO EVENT WILL POINTR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE, APP OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL POINTR’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE, APP OR SERVICE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS.
By using the Website, App or Service, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, App or Service or the creation, placement or transmission of any message, information, software or other materials through the Website, App or Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters” ). We shall control the defense of any Indemnified Matters through counsel of our choice.
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.
We respect the intellectual property rights of others, and require that people who use the Website, App and Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Pointr may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website or on the App. You are responsible for regularly reviewing these Terms. Your continued access and use of the Website, App and Service following such posting constitutes your consent to be bound by any amended Terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created.
No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email at firstname.lastname@example.org or by writing to us at Pointr Talent, LLC, of 156 W. 56th St., New York, NY 10019. If you have any questions regarding these Terms or the Website, App or Service, please contact us at email@example.com.