Terms of Service

Updated July 12, 2013

Us

The term “Pintley” or “us” or “we” refers to the owner of the Site, The Pintley Company LLC. The term “you” refers to the user of the Pintley Service and/or visitor to the Site.

Welcome to the Terms of Service for the Pintley.com website, as well as our Android and iOS applications and any other means used to access the Pintley Service (collectively referred to as the “Site”). Through the Site, Pintley provides a wide variety of information and services, including search capabilities, access to reviews, the ability to submit reviews for other users, and shopping opportunities (collectively the “Pintley Service”), as well as content presented by third-parties and not owned by us (See Links to Third-Party Sites). By accessing, browsing or using the Site and/or the Pintley Service, you hereby agree to comply with and be bound by the following terms of service. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this page, which is directly accessible at the following address: http://www.pintley.com/about/tos/. Your continued use of the Site and/or the Pintley Service indicates your acceptance of the amended Terms of Service.

Eligibility

Use of the Site and the Pintley Service is restricted to those who have attained the legal drinking age. In the United States, access to and use of the Site and the Pintley Service is restricted to individuals 21 years of age or older. By visiting the Site you represent that your access to and use of the Site and the Pintley Service is in compliance with all laws to which you are subject.

In addition, by visiting the Site you represent that you have the right, authority and capacity to agree to and abide by the Agreement.

Limitations of Use

You acknowledge that the Site and various elements contained therein (the “Content”) are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of us, our licensors, or any third-parties with whom we may engage from time to time, as applicable. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content, other than as described herein. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the website that are licensed by Pintley are subject to the same conditions.

Your license for access and use of the Site, the Pintley Service and any Content therein is subject to the following restrictions and prohibitions on use: a) You may not copy, reproduce, distribute, republish, display, post, or transmit any Content appearing on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Pintley, and nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any such license or right; b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” any material contained on the Site on any other server.

Notwithstanding the foregoing, Pintley may make available tools and features the purpose of which is to allow users to share Content through social networks or other media. Use of such tools and features furnished by Pintley, and the resulting sharing of Content, is expressly permitted by Pintley.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or Content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

User Accounts

By creating a Pintley user account via the web site located at http://www.pintley.com/ (the “Site”) or via any other means provided by Pintley, and using any of the Services accessible through the Site, you become a “Registered User” and agree to, and are bound by, the Pintley User Agreement available at http://www.pintley.com/about/useragreement/.

Links to Third Party Sites

The Site may contain links to web sites controlled, owned, and operated by third-parties (the “Third-Party Sites”). Pintley cannot control and has no responsibility for the accuracy or availability of information provided on Third-Party Sites. You acknowledge that use of any Third-Party Sites is governed by the terms of service for those websites, and not by this Agreement. Links to Third-Party Sites do not constitute an endorsement or recommendation by Pintley, nor do we make any warranties or representations, express or implied, regarding the content of such sites or the accuracy or fitness of the content, products, advertising or other materials presented on such sites for any purpose, but are provided for your convenience, and your choice to access such links is made at your own risk. Such Third-Party Sites may have a privacy policy different from that of Pintley and may provide less security than this Site. We are not responsible for the content of any Third-Party Sites, and Pintley shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on such Third-Party Sites or otherwise.

You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site.

Reviews

For clarity, you retain all of your ownership rights in and to your Submissions. However, by submitting reviews, ratings or other content to Pintley through this Site (collectively, “Submissions”), you are also granting to Pintley a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), modify, enhance, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, export and import your Submissions (including your name and biographical information, if applicable) in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without further approval by or payment to you. Pintley shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Pintley in writing, or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Pintley’s responsibilities and obligations under its Privacy Policy.

Newsletter and Notifications

By creating an account with Pintley, you agree that Pintley may subscribe you to its newsletter and that you may receive periodic email notifications regarding the Pintley Service. You may opt out of future email communications by clicking the appropriate unsubscribe link on any of the emails you receive, or by using the contact form located at http://www.pintley.com/contact/. Pintley may continue to send you notifications related to security or other important information as allowed or required by law.

Indemnification

By accepting the Terms of Service, you agree to indemnify and otherwise hold harmless The Pintley Company LLC, its officers, employees, agents, subsidiaries, affiliates and other partners (the “Company Parties”) from any direct, indirect, incidental, special, consequential or exemplary damages or any losses or liabilities resulting from your use of the Pintley Site. Furthermore, you agree to make the Company Parties whole for any and all claims and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.

Termination

You agree that Pintley may, with or without cause, immediately terminate your Pintley account and access to the Pintley Service without prior notice.

Without limiting the foregoing, Pintley may terminate your use of the Pintley Service in the event of (a) breaches or violations of this Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems.

Termination of your Pintley account includes removal of access to all offerings within the Pintley Service and may also bar you from further use of the Pintley Service.

Furthermore, you agree that all terminations shall be made in Pintley’s sole discretion and that Pintley shall not be liable to you nor any third-party for any termination of your account or access to the Pintley Service.

You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pintley a perpetual, non-exclusive, royalty-free, transferable and assignable, worldwide license to use, display, reproduce, sublicense, modify and/or publish all or any portion of such material; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person.

Copyright Complaints

If you believe the Site contains Content that infringes your copyright, trademark or service mark, please provide the information listed below to our designated agent for claims of infringement:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or mark;
  2. A description of the copyrighted work or mark that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or mark owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright or mark owner’s behalf.

Our designated agent may be contacted as follows :

Copyright Complaints Officer
The Pintley Company LLC
PO Box 447
Boston, MA 02128

or by using the contact form accessible at http://www.pintley.com/contact/.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Talk Forum Prohibited Content

Our goal is to promote the free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Service, the following content is prohibited on forums hosted on the Site:

  • Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of Pintley, does not otherwise have redeeming value to the community. Pintley may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
  • Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
  • Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
  • Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
  • Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
  • Content promoting or providing instructional information about illegal activities.
  • Content depicting cruelty to animals.
  • Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
  • Content that violates any applicable laws or regulations not specifically referenced herein.

The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER OF WARRANTIES

NONE OF THE COMPANY PARTIES OR ANY LICENSORS (COLLECTIVELY THE “PINTLEY PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND PINTLEY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. PINTLEY PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

PINTLEY MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND PINTLEY PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. PINTLEY RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL PINTLEY PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PINTLEY PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. PINTLEY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT PINTLEY PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.