Pumpkinhead, Inc. / about.me
Terms of Service
Effective date: February 4, 2013
The following terms and conditions govern all use of about.me, its content, services and applications (the “Services”), including any other applications that link to this agreement.
BY ACCESSING, USING, OR REGISTERING FOR THE SERVICES, YOU CONFIRM THAT YOU AGREE TO THESE TERMS (the “Agreement”). If you do not agree, you may not use the Services.
About the Services
Pumpkinhead, Inc., its parent and affiliates (“we” or “us”) make available the Services to you on the condition that you abide by this Agreement. The Services give users the ability to access and share their profiles and other content. We may, in our sole discretion, change any aspect of the Services or discontinue any Service without notice. The Services are based in the United States. The Services are not designed or customized for any other country; you may use them only if they comply with the laws of the country from which you are accessing our Services.
Please read this Agreement carefully before creating, accessing or using the Services. You understand and agree that this Agreement governs your relationship with us and has the same effect as an agreement in writing.
Your about.me Account and Site
Registration is optional; however, you will need to register with us and create a username to use certain Services and features. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services. To register a username and create an account, you must be at least 13 years of age. You must give us true and accurate information about yourself and keep that information up to date. We may refuse or reject a username in our discretion.
If you create a profile on the Services, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all consequences and activities that occur under your account. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Responsibility of Contributors
If you create a profile, comment on a profile, or otherwise transmit or post materials (e.g., text, graphics, applications, etc.) on the Services (any such material, “Content”), you understand and agree that you are entirely responsible for such Content that is provided by you or through your account. This includes, for example, any personal information, such as your home address, the home address of others, or your current location that you may make available about yourself on the Services. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.
To use our Services, you must:
- Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
- Immediately notify us if you learn of a security breach or other illegal activity on the Services;
- Protect your username and password;
- Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
- Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
- Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
- Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.
We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.
Your Representation to Us
By making Content available, you represent and warrant that: the 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, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your profile is not named in a manner that misleads your readers into thinking that you are another person or company.
By submitting Content on the Services or by linking to other profiles on the Services for inclusion on your profile, you grant us and our parent a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, we will use reasonable efforts to remove it from the profile, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates these terms or any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of an account to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
During the private invitation period, if you do not complete registration within 30 days of the time and date that the invitation email was sent, the username you reserved will become available to others. You may not impersonate another person or claim a name for your profile that does not belong to you (i.e. “name squatting”). We are committed to ensure the rights of trademark owners and the right of individuals in the public sphere to claim their legal names and associated monikers on the Services. You understand and agree that you will forfeit a username and your account if the rightful owner protests your claim, or if such username is associated with a trademark or celebrity.
We reserve the right to charge or change the payment terms and fees for any Service or feature upon thirty (30) days prior written notice to you. If you do not agree to the fees, you may terminate the Services before the new fees take effect without penalty to you.
Fees and Payment
We may offer from time-to-time optional premium paid services such as domain purchases, domain mapping, premium fonts and other features on the Services. By selecting to purchase a premium service, you agree to pay us the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
You must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date. We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is cancelled by you or terminated by us.
Any trial promotion for a fee-based Service must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a subscription fee. However, even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and any sub- or linked-accounts. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials, promotions, and other offers.
Responsibility of Profile Visitors
We can remove Content for any reason, but we have no obligation to do so. The Content provided on the Services, including Content posted by users, is for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the content on the Services and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
Copyright and Trademark Claims
Copyright and trademark owners can report alleged violations by sending an email to [email protected].
The Services and the Content provided on the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content. This Agreement does not transfer to you any of our or third party intellectual property. Nothing in this Agreement grants you a right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, logos and trade names.
We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any fee-based services) before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes. We may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement and any supplemental terms that accompany the new features.
We may terminate your access to all or any part of the Services and terminate your account at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Services. 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.
Disclaimer of Warranties
WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, AND NON-INFRINGMENT.
YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
Limitation of Liability
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, ABOUT.ME’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
General Representation and Warranty
You agree to indemnify and hold harmless us, our parent, affiliates, contractors, and 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 Profile, including but not limited to your violation of this Agreement.
This Agreement along with any supplemental terms accompanying certain Services constitute the entire agreement between you and us concerning the subject matter hereof, and they may only be modified by a written amendment signed by one of our authorized executives or if we post changes to these terms.
You agree that the laws of the Commonwealth of Virginia govern this Agreement and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Arlington County, Fairfax County, the City of Alexandria, or Loudoun County, Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
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; we 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.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.
Last Updated: February 4, 2013