Terms for PinToMind
We (FAVO AS) run the webservice PinToMind, and would love for you to use it. PinToMind is an app to help you provide and update information on digital screens. Our service is based on subscriptions. PinToMind is designed to give you as much control and ownership over what goes on your screens (your account) as possible and we encourage you to use your creativity. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your screens / account, or get linked to from your account (things like spam, viruses, or hate content). If you find a PinToMind-post that you believe violates our terms of service, please let us know through support.
Terms of Service
The following terms and conditions govern all use of PinToMind nd all content, services and products available at or through the website.
Please read this Agreement carefully before (accessing or) using the website and services. By (accessing or) using any part of the website and its services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by FAVO AS, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.
1. Your PinToMind-account
You are responsible for maintaining the security of all the content on the screens and sheets of your account. You are fully responsible for all activities that occur under the account. FAVO AS will not be liable for any acts or omissions on your part, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors and Users
If you operate an account, post to the screens, or otherwise make (or allow any third party to make) material available by means of the PinToMind-service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
You have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
The content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
Your PinToMind-account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods.
Your PinToMind-screen your PinToMind-screen is not named in a manner that misleads your viewers and readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FAVO AS or otherwise.
By submitting Content to FAVO AS for inclusion on your PinToMind-account, you grant FAVO AS license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing FAVO AS.
Without limiting any of those representations or warranties, FAVO AS has the right (though not the obligation) to, in FAVO AS’s sole discretion (i) refuse or remove any content that, in FAVO AS reasonable opinion, violates any FAVO AS policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in FAVO AS sole discretion. FAVO AS will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal
You agree to pay FAVO AS the monthly or annual fees indicated for said service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.
Unless you notify FAVO AS before the end of the applicable subscription period that you want to cancel your subscription it will automatically be renewed and you authorize us to collect the then -applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Cancellation and Termination
Only when you have clicked the blue button called "Close Account", have you actually cancelled your PinToMind-account. An e-mail or phone-call to us, is not considered an official cancellation.
4. Responsibility of Visitors and Users
FAVO AS has not reviewed, and cannot review, all of the material, including computer software, posted on all PinToMind-accounts, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, FAVO AS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or nonharmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The PinToMind-account, unbeknownst to FAVO, may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Account may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FAVO AS disclaims any responsibility for any harm resulting from the use by visitors and users of PinToMind-screens.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PinToMind link, and that link to PinToMind. FAVO AS does not have any control over those non-PinToMindwebsites and webpages, and is not responsible for their contents or their use. By linking to a non-PinToMind website or webpage, FAVO AS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FAVO AS disclaims any responsibility for any harm resulting from your use of non-PinToMind websites and webpages.
6. Copyright Infringement and DMCA Policy
As FAVO AS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PinToMind violates your copyright, you are encouraged to notify FAVO AS in accordance with FAVO AS’ copyright policy. FAVO AS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FAVO AS will terminate a member’s access to and use of the Service if, under appropriate circumstances, the member is determined to be a repeat infringer of the copyrights or other intellectual property rights of FAVO AS or others. In the case of such termination, FAVO AS will have no obligation to provide a refund of any amounts previously paid to FAVO AS.
7. Intellectual Property
This Agreement does not transfer from FAVO AS to you any FAVO AS or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FAVO AS. FAVO AS, the FAVO AS-logo, PinToMind, pintomind.com, the PinToMind-logo, inforskjermen.no, the infoskjermen.no-logo and all other trademarks, service marks, graphics and logos used in connection with PinToMind, or the Website are trademarks or registered trademarks of FAVO AS or FAVO AS’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FAVO AS or third party trademarks.
FAVO AS reserves the right to display the company’s own logo on your screens/account unless you have purchased an Adfree Upgrade or a Flexi account.
FAVO AS reserves the right to display attribution links such as ‘Operated by PinToMind', and font attribution in your screen footer or toolbar.
FAVO AS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. FAVO AS may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
FAVO AS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PinToMind-account (if you have one), you simply click "terminate account" under settings. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
The Website is provided on an “as is” basis. FAVO AS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FAVO AS nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
13. Limitation of Liability
In no event will FAVO AS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FAVO AS under this agreement during the twelve (12) month period prior to the cause of action. FAVO AS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty
You agree to indemnify and hold harmless FAVO AS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between FAVO AS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FAVO AS, or by the posting by FAVO AS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of Norway excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts of Stavanger, Norway. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Stavanger, Norway in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FAVO AS may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your privacy is critically important to us. At FAVO AS we have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it.
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the ongoing operation of one of our services.
- In our products and services, we aim to make it as simple as possible for you to control what’s visible to the public, kept private, and permanently deleted.
Like most website operators, FAVO AS collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. FAVO AS’ purpose in collecting non-personally identifying information is to better understand how FAVO AS’ visitors or users use its website. From time to time, FAVO AS may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
FAVO AS also collects potentially personally identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on PinToMind-accounts. FAVO AS only discloses logged in user addresses under the same circumstances that it uses and discloses personally identifying information as described below, except that account user addresses are visible and disclosed to the administrators of the Service.
Gathering of Personally Identifying Information
Certain visitors to FAVO AS’ webservices choose to interact with FAVO AS in ways that require FAVO AS to gather personally identifying information. The amount and type of information that FAVO AS gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at PinToMind to provide a username and email address. Those who engage in transactions with FAVO AS – by setting up an account, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, FAVO AS collects such information only insofar as is necessary or appropriate to fulfill the purpose of the user’s interaction with FAVO AS. FAVO AS does not disclose personally identifying information other than as described below.
FAVO AS may collect statistics about the behavior of users and visitors to its websites. FAVO AS may display this information publicly or provide it to others. However, FAVO AS does not disclose personally identifying information other than as described below.
Protection of Certain Personally Identifying Information
FAVO AS discloses potentially personally identifying and personally identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on FAVO AS’ behalf or to provide services available at FAVO AS’ websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using FAVO AS’ services, you consent to the transfer of such information to them. FAVO AS will not rent or sell potentially personally identifying and personally identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, FAVO AS discloses potentially personally identifying and personally identifying information only in response to a subpoena, court order or other governmental request, or when FAVO AS believes in good faith that disclosure is reasonably necessary to protect the property or rights of FAVO AS, third parties or the public at large. If you are a registered user of a PinToMind-account and have supplied your email address, FAVO AS may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with FAVO AS and our products. We primarily use our various products, blogs and newsletters to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. FAVO AS takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information.
If FAVO AS, or a substantial part of its assets, were acquired, or in the unlikely event that FAVO AS goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of FAVO AS may continue to use your personal information as set forth in this policy.
Third Party Links
Occasionally, strictly at our discretion, we may include or offer third party products of services on our site. These third party sites and services have independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.