Pin4Ever Backups

Terms and Conditions of Service Print TERMS AND CONDITIONS OF SERVICE These Terms and Conditions of Service were first published and in effect on July 31, 2013. The previous Terms and Conditions of Service were first published and in effect on September 8th, 2012. Welcome to Pin4Ever, and thank you for your interest and support! Pin4Ever is designed and offered as a Firefox web browser extension available to the general public. Pin4Ever allows you to download a personal backup copy of your Pinterest "pins," "likes," and "boards" as they appear on Pinterest at that time. A Pin4Ever Backup helps you safeguard your pin content from accidental, incidental or malicious deletion by saving each pin's image, comments, Pinterest link, the original website source link and the number of repins and likes. Pin4Ever backups also preserve your system of organizing pins into different categories or "boards," and include a new category with all of your "Likes." Pin4Ever's Bulk Editing Tools allow you to move, copy, delete, and rearrange multiple pins in one step. Pin4Ever is a separate business entity, and is not a part of, or otherwise affiliated with, the Pinterest corporation. Please read these Pin4Ever Terms and Conditions of Service (including our Privacy Policy found at www.pin4ever.com/privacy.jsp and incorporated herein by reference) carefully, and email us using the contact link, www.pin4ever.com/contact.jsp, if you have any questions. By accessing, registering for, or using the Pin4Ever Service, which includes the website, Firefox extension, Backup Service, and/or any additional Pin4Ever tools or features, you agree to be bound by these Terms and Conditions of Service (hereinafter, "Terms") and by our Privacy Policy, both of which apply to all registered users, website visitors, and others who access the Service. Your continued use of the Service or website after any modification of the Terms, the Privacy Policy or the Service constitutes your agreement to be bound by the modified Terms. If you do not agree to the current Terms found at www.pin4ever.com/terms.jsp, you may not use or access the Service or website. YOUR ACCOUNT General To access and use Pin4Ever Services, you must download the Pin4Ever Firefox extension. Downloading the Pin4Ever extension will place a desktop icon on your computer for access to the Pin4Ever Services, including backups and other tools and features. To access and use the Pin4Ever Services available in the web browser extension, you must have an active free or paid Pin4Ever Services Plan, as described herein. The Pin4Ever Services help you download a personal copy of your content displayed on Pinterest at that time, provided that you have ownership rights, or a legal right to copy and download said content. A Pin4Ever account will be created for you, and automatically updated, when you access your Pinterest account while the Pin4Ever browser extension is active. All questions and disputes regarding eligibility for an Account or a user's compliance with these Terms will be resolved by Pin4Ever in its sole discretion. For all such questions and disputes, please contact us by email using the Contact Us link: www.pin4ever.com/contact.jsp. Restrictions You may access and use the Pin4Ever Service only if you are able to form a binding contract with Pin4Ever under these Terms, and in compliance with all relevant local, state, national and international laws, rules, regulations, ordinances, or interpretations or orders made by any governmental, administrative or regulatory agency, or court possessing authority. Any use of or access to Pin4Ever Services is strictly prohibited to those under the age of 13 years old. Company or Organization Accounts If you create a Pin4Ever Account on behalf of a company, organization or entity other than as an individual, you represent and warrant that you are an authorized representative of that entity and possess the authority to bind the entity to these Terms, and that you agree to these Terms on behalf of the entity. For such Pin4Ever Accounts created on behalf of an entity, "you" in these Terms refers to both individual users, and the entity itself. When access to the Pin4Ever services is obtained through a business or other entity, you acknowledge and agree that other users may have access to the Services available through your Account, or the backup data stored by you. You, and not Pin4Ever, are solely responsible for access to, content in, deletion of, or sharing and use of your Account and your stored backup data. Pin4Ever is not responsible for any loss or damage arising from any access to, content in, deletion of, or sharing and use of your Account or your stored backup data. PRIVACY AND SECURITY You agree that you are solely responsible for the activity that occurs on and through your Pin4Ever Account. If you believe there has been unauthorized activity on your Account, you must notify us immediately at the contact link: www.pin4ever.com/contact.jsp. Please review Pin4Ever's Privacy Policy at www.pin4ever.com/privacy.jsp, which governs the Services and is incorporated herein by reference, in order to understand our practices in connection with the use and protection of your personal information. PIN4EVER SERVICES PLANS General If you choose to pay for a plan, your Pin4Ever Services Plan will begin on the day and at the time we receive confirmation of payment for said plan, or on the day and time of Account creation for Free Backup Services. Plans last for a fixed period of time, for example, one month plan, six month plan, one year plan, etc. (the "Plan Period"). For convenience, a one-month Plan Period is calculated as having 31 days, a six month Plan Period is calculated as having 182 days, and a one year Plan Period is calculated as having 365 days. Cancellation or Termination Upon termination or cancellation of your subscription, at your request or for any other reason, Pin4Ever is not obligated to issue a refund for part or all of the subscription charges paid at that time but may elect to do so in Pin4Ever's sole discretion. Cancellation will automatically take effect at end of the current Plan Period unless an earlier date is specifically requested. After termination or cancellation of your Plan, you will not be able to access paid Services or use the Pin4Ever Backup Service to complete further downloads of your Pinterest User Content unless and until you begin a new Plan. Your Plan will automatically terminate or expire upon the earlier of: (1) cancellation or expiration of a plan or failure to make payment when due, if applicable; (2) Pin4Ever's discontinuation of Backup or other paid Services; or (3) failure to comply with these Terms. You acknowledge and agree that Pin4Ever's policy is to automatically terminate your access to the Backup and other paid Services after termination or expiration of your Plan Period, however, you will still be able to use the Pin4Ever web browser extension, and your saved backup copy or copies of your Pinterest content will remain yours at that time. Free Pin4Ever Services Pin4Ever may also offer free Services, such as a free trial backup, free Services trial plan, or free Services when you repin our pin(s) on a schedule. Free Services require an active Account as described above. Free Services associated with your Account which have not been used may be removed or cancelled by Pin4Ever without further notice to you. Pin4Ever may discontinue free Services at any time, without notice, at which time your access to the free Services will end. There is a limit of one free trial per person, and one free trial per Pinterest account. Changes to the Services Because Pin4Ever is committed to innovation and improvement, the features, tools and Services we offer may change. In addition, because our Services interact with the Pinterest website, any problems or changes in Pinterest's code can cause a temporary or permanent interruption in Pin4Ever's Services. While we plan to make every reasonable effort to maintain Pin4Ever's functionality, or restore it after an outage, practical constraints (including financial, time, and difficulty factors) may cause us to decide in our sole discretion that the Pin4Ever Services will not continue. Pin4Ever reserves the right to modify the Services, including these Terms, at any time, with or without prior notice, even though these changes may affect your ability to access or enjoy the Services. With or without prior notice, we may add or remove features, change the Services, or stop providing the Service to you or to anyone, all within the sole discretion of Pin4Ever. YOUR CONDUCT Cause for Termination Pin4Ever reserves the right to terminate your access to and use of the Services if you use, or are suspected of using, the Services in a manner that is inconsistent with these Terms or any international, federal, state or local statutes, laws, rules, ordinances, or interpretations or orders made by any governmental, administrative or regulatory agency or court possessing authority. In addition, Pin4Ever shall have the right to take appropriate administrative and/or legal action, including pursuing criminal prosecution, as it deems necessary in Pin4Ever's sole discretion. As examples, Pin4Ever may terminate your account and/or pursue other remedies if you: (1) engage in activity that attempts to cause, or succeeds in causing, any harm, disruption or diminishment of the Pin4Ever brand, Services, computer system or network; (2) misrepresent your identity, impersonate any person or attempt to gain access to any Account, User Content, computers or networks related to the Services, without proper authorization; (3) attempt to interfere with any other person's authorized use of the Services; (4) use the Services in a manner that results in excessive bandwidth usage, as determined by Pin4Ever; (5) use the Services to backup, copy, store or distribute any illegal files or data; (6) use the Services to backup, copy, store or distribute material protected by the intellectual property rights of a third party unless you own or have rights allowing such use of the material; (7) use the Services to backup, copy, store or distribute material that contains viruses, Trojan horses, worms, corrupted files or any similar software that may damage the operation of the Services or another person's computer or property; (8) reverse engineer, decompile, disassemble, modify or create derivative works of the Services; (9) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Services; (10) remove or fail to reproduce any proprietary notices (e.g., copyright and trademark notices) from the Pin4Ever website or Services; or (14) infringe the intellectual property or other legal rights of third parties. Laws, Rules and Regulations You are solely responsible for ensuring that your use of the Services is in compliance with all applicable (including international, federal, state and local) statutes, laws, rules, ordinances, or interpretations or orders made by any governmental, administrative or regulatory agency or court possessing authority. You agree to defend, indemnify and hold Pin4Ever harmless from and against any and all damages, fines, penalties, assessments, liabilities, losses, costs and expenses (including attorney's fees, expert fees and out-of-pocket expenses) in connection with your use of the Services, your violation of these Terms, your violation of any third-party rights, including any intellectual property rights, any misuse or fraudulent use of credit and debit cards, any claims that the Service or any part thereof were exported or otherwise shipped or transported by you in violation of applicable laws, rules or regulations, or any claim of misuse of the Services, including but not limited to any claim that you are have used your Account to store, backup, copy or distribute any illegal files or data. Third Party Links, Websites and Services The Pin4Ever Service, website, web browser extension, and your saved backup User Content may contain links or offer access to third-party websites, advertisers, services, special offers, or other content that is not owned, controlled or monitored by Pin4Ever. Pin4Ever does not endorse or assume any responsibility for any such third-party websites, materials, products, services, information or other content. If you access any third party website, service or other content via the Pin4Ever Service, including links in your backup User Content saved via the Pin4Ever Service, you do so at your own risk and you agree that Pin4Ever will have no liability arising from your use of or access to any third-party website, materials, products, services, information or other content. PIN4EVER PROPERTY Our License to You While you have an active and verified Account, Pin4Ever grants you a revocable, limited, non-transferable, non-exclusive license to access the Pin4Ever website and use the Pin4Ever Services as described herein. Except for the limited license granted herein, you acknowledge that Pin4Ever owns all right, title and interest in and to the website, the Services, the web browser extension, all copies thereof and all proprietary rights therein including copyrights, patents, trademarks, logos, domain names and other brand features of Pin4Ever. Feedback Submitted to Pin4Ever If you choose to provide feedback, comments, ideas or suggestions to Pin4Ever with regard to the website and current or potential Services, products or features, either on your own initiative or in response to a request by Pin4Ever, you agree that your submission is unsolicited and gratuitous and that Pin4Ever may use and disclose all or any part of your feedback, comments and suggestions for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of your feedback, comments, ideas or suggestions submitted or communicated to Pin4Ever, you hereby grant to Pin4Ever an irrevocable, perpetual, royalty-free license to use all or any part of your feedback, comments, ideas and suggestions without any restriction and without additional compensation or obligation being owed by Pin4Ever to you. By receipt of your feedback, comments, ideas or suggestions, Pin4Ever does not waive any rights to use similar or related information already known to Pin4Ever, or received from independent sources. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF PIN4EVER (INCLUDING THE WEBSITE, WEB BROWSER EXTENSION, BACKUP AND OTHER SERVICES) AND YOUR ORIGINAL USER CONTENT REMAINS WITH YOU AND YOU USE THE PIN4EVER SERVICES AT YOUR SOLE DISCRETION AND RISK. THE SERVICES ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. PIN4EVER DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. PIN4EVER DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OR AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY METHODS WILL BE SECURE OR EFFECTIVE. YOU AGREE THAT NO ORAL OR WRITTEN STATEMENT GIVEN BY A REPRESENTATIVE, AGENT OR EMPLOYEE OF PIN4EVER SHALL CREATE ANY ADDITIONAL PIN4EVER WARRANTIES OR IN ANY WAY INCREASE PIN4EVER'S OBLIGATIONS UNDER THESE TERMS. YOU AGREE THAT IN NO EVENT SHALL PIN4EVER OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, PERSONAL INJURY, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO ACCESS OR USE THE SERVICES (INCLUDING THE WEB BROWSER EXTENSION, WEBSITE OR PIN4EVER BACKUP DATA) OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON THEORIES OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF PIN4EVER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT PIN4EVER DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (2) INDEPENDENT UNAUTHORIZED USERS (E.G. "COMPUTER HACKERS") MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS OR NETWORKS. PIN4EVER IS NOT RESPONSIBLE OR LIABLE FOR SUCH ACTIVITIES BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT AND YOUR COMPUTER SYSTEMS. IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF PIN4EVER, ITS EMPLOYEES, REPRESENTATIVES AND AGENTS FOR ALL DAMAGES OF EVERY KIND AND TYPE - WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY - SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID TO PIN4EVER BY YOU IN THE 12 CALENDAR MONTHS IMMEDIATELY PRECEDING THE ARISING OF DAMAGES. IF THE SERVICES ARE PROVIDED TO YOU WITHOUT COST, THEN PIN4EVER SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE ABOVE TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE, AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY ACKNOWEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE AN ESSENTIAL PART OF THESE TERMS AND OF PIN4EVER'S AGREEMENT TO PROVIDE YOU THE SERVICES, AND THEY ARE AN ESSENTIAL FACTOR IN DETERMINING THE PRICE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE TERMS MAY NOT APPLY TO YOU. GENERAL LEGAL TERMS Export; Non-U.S. Residents. The Pin4Ever business and Services are controlled and operated from its facilities located in the United States. Pin4Ever makes no representations that the Services are appropriate or available for use in other jurisdictions. Individuals or entities who access the website or Services from other locations do so of their volition and are solely responsible for ensuring compliance with all applicable local, state, national, international or other laws, rules and regulations, and all interpretations or orders made by any governmental, administrative or regulatory agency or court possessing authority, including but not limited to those related to import and export of software, technical information or services. If you are a resident of a country subject to U.S. embargo, or a foreign person or entity blocked or denied by the U.S. government, you may not use the Pin4Ever website, web browser extension or Services. Unless otherwise explicitly stated, all materials found on and in the Pin4Ever website, Services, and any advertisements or emails sent on behalf of Pin4Ever are directed solely to individuals and entities located in the United States. By creating an Account and using the Pin4Ever Services, you represent and warrant that you are allowed to use the Pin4Ever website and Services under the above Terms. Governing Law. If you have a complaint or dispute with Pin4Ever, you agree to contact us first at www.pin4ever.com/contact.jsp so that we may attempt to resolve your complaint informally. If informal resolution of the dispute is not successful, we each agree that any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, scope, applicability, termination or breach thereof, shall be referred to and finally determined by the state or federal courts located in or nearest to New Port Richey, Pasco County, Florida, or by arbitration which takes place there. You agree that: (1) the Pin4Ever business and Services shall be deemed solely based in the State of Florida; and (2) the Services provided by Pin4Ever shall be deemed passive ones that do not give rise to any jurisdiction other than Florida possessing specific or general personal jurisdiction over Pin4Ever or over any other party involved in creating, producing or delivering the Services. These Terms, as well as your and Pin4Ever's observance of them, shall be governed, construed and enforced in accordance with the internal substantive laws of the State of Florida without reference to conflicts of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in New Port Richey, Pasco County, Florida or the United States District Court for the Middle District of Florida, Tampa Division, or for arbitration in New Port Richey, Pasco County, Florida, for any disputes, claims or actions arising out of, relating to, or in any way connected with these Terms. General. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter addressed herein. It is agreed that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. In the event that any provision herein is held to be illegal, invalid or unenforceable in whole or part, the remaining provisions shall remain in full force and effect. A waiver by one party of a default or breach by the other party shall not be deemed a further or continuing waiver of such term or any other, and Pin4Ever's failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Pin4Ever in writing. If you or Pin4Ever is unable to perform obligations under these Terms because of any accident, act of God, strike, court order, fire, riot, war, failure of third-party equipment or services, or any other cause that is beyond the affected party's reasonable control and that could not have been avoided through the exercise of reasonable care and diligence (a "Force Majeure Event"), then the non-performing party will: (1) promptly inform the other party; (2) take reasonable steps to resume performance as soon as possible; and (3) not be considered in breach of the agreement while the Force Majeure Event continues. If a Force Majeure Event lasts for 5 or more days, Pin4Ever may at its election terminate your Services Plan and these Terms by providing electronic notice to you. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT THAT ANY REMEDY HEREIN IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. The following provisions shall remain in effect and binding after termination or expiration of the Agreement in these Terms: Your Account, Privacy and Security, Subscriptions to Pin4Ever Services Plans, Your Conduct, Pin4Ever Property, Disclaimer of Warranties and Limitation of Liability, and General Legal Terms.

Terms and Conditions of Service

TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions of Service were first published and in effect on July 31, 2013. The previous Terms and Conditions of Service were first published and in effect on September 8th, 2012.

Welcome to Pin4Ever, and thank you for your interest and support! Pin4Ever is designed and offered as a Firefox web browser extension available to the general public. Pin4Ever allows you to download a personal backup copy of your Pinterest "pins," "likes," and "boards" as they appear on Pinterest at that time. A Pin4Ever Backup helps you safeguard your pin content from accidental, incidental or malicious deletion by saving each pin's image, comments, Pinterest link, the original website source link and the number of repins and likes. Pin4Ever backups also preserve your system of organizing pins into different categories or "boards," and include a new category with all of your "Likes." Pin4Ever's Bulk Editing Tools allow you to move, copy, delete, and rearrange multiple pins in one step.

Pin4Ever is a separate business entity, and is not a part of, or otherwise affiliated with, the Pinterest corporation.

Please read these Pin4Ever Terms and Conditions of Service (including our Privacy Policy found at www.pin4ever.com/privacy.jsp and incorporated herein by reference) carefully, and email us using the contact link, www.pin4ever.com/contact.jsp, if you have any questions. By accessing, registering for, or using the Pin4Ever Service, which includes the website, Firefox extension, Backup Service, and/or any additional Pin4Ever tools or features, you agree to be bound by these Terms and Conditions of Service (hereinafter, "Terms") and by our Privacy Policy, both of which apply to all registered users, website visitors, and others who access the Service. Your continued use of the Service or website after any modification of the Terms, the Privacy Policy or the Service constitutes your agreement to be bound by the modified Terms. If you do not agree to the current Terms found at www.pin4ever.com/terms.jsp, you may not use or access the Service or website.

YOUR ACCOUNT
1. General
  
  To access and use Pin4Ever Services, you must download the Pin4Ever Firefox extension. Downloading the Pin4Ever extension will place a desktop icon on your computer for access to the Pin4Ever Services, including backups and other tools and features. To access and use the Pin4Ever Services available in the web browser extension, you must have an active free or paid Pin4Ever Services Plan, as described herein. The Pin4Ever Services help you download a personal copy of your content displayed on Pinterest at that time, provided that you have ownership rights, or a legal right to copy and download said content. A Pin4Ever account will be created for you, and automatically updated, when you access your Pinterest account while the Pin4Ever browser extension is active. All questions and disputes regarding eligibility for an Account or a user's compliance with these Terms will be resolved by Pin4Ever in its sole discretion. For all such questions and disputes, please contact us by email using the Contact Us link: www.pin4ever.com/contact.jsp.
2. Restrictions
  
  You may access and use the Pin4Ever Service only if you are able to form a binding contract with Pin4Ever under these Terms, and in compliance with all relevant local, state, national and international laws, rules, regulations, ordinances, or interpretations or orders made by any governmental, administrative or regulatory agency, or court possessing authority. Any use of or access to Pin4Ever Services is strictly prohibited to those under the age of 13 years old.
3. Company or Organization Accounts
  
  If you create a Pin4Ever Account on behalf of a company, organization or entity other than as an individual, you represent and warrant that you are an authorized representative of that entity and possess the authority to bind the entity to these Terms, and that you agree to these Terms on behalf of the entity. For such Pin4Ever Accounts created on behalf of an entity, "you" in these Terms refers to both individual users, and the entity itself. When access to the Pin4Ever services is obtained through a business or other entity, you acknowledge and agree that other users may have access to the Services available through your Account, or the backup data stored by you. You, and not Pin4Ever, are solely responsible for access to, content in, deletion of, or sharing and use of your Account and your stored backup data. Pin4Ever is not responsible for any loss or damage arising from any access to, content in, deletion of, or sharing and use of your Account or your stored backup data.
PRIVACY AND SECURITY

You agree that you are solely responsible for the activity that occurs on and through your Pin4Ever Account. If you believe there has been unauthorized activity on your Account, you must notify us immediately at the contact link: www.pin4ever.com/contact.jsp. Please review Pin4Ever's Privacy Policy at www.pin4ever.com/privacy.jsp, which governs the Services and is incorporated herein by reference, in order to understand our practices in connection with the use and protection of your personal information.
PIN4EVER SERVICES PLANS
1. General
  
  If you choose to pay for a plan, your Pin4Ever Services Plan will begin on the day and at the time we receive confirmation of payment for said plan, or on the day and time of Account creation for Free Backup Services. Plans last for a fixed period of time, for example, one month plan, six month plan, one year plan, etc. (the "Plan Period"). For convenience, a one-month Plan Period is calculated as having 31 days, a six month Plan Period is calculated as having 182 days, and a one year Plan Period is calculated as having 365 days.
2. Cancellation or Termination
  
  Upon termination or cancellation of your subscription, at your request or for any other reason, Pin4Ever is not obligated to issue a refund for part or all of the subscription charges paid at that time but may elect to do so in Pin4Ever's sole discretion. Cancellation will automatically take effect at end of the current Plan Period unless an earlier date is specifically requested. After termination or cancellation of your Plan, you will not be able to access paid Services or use the Pin4Ever Backup Service to complete further downloads of your Pinterest User Content unless and until you begin a new Plan. Your Plan will automatically terminate or expire upon the earlier of: (1) cancellation or expiration of a plan or failure to make payment when due, if applicable; (2) Pin4Ever's discontinuation of Backup or other paid Services; or (3) failure to comply with these Terms. You acknowledge and agree that Pin4Ever's policy is to automatically terminate your access to the Backup and other paid Services after termination or expiration of your Plan Period, however, you will still be able to use the Pin4Ever web browser extension, and your saved backup copy or copies of your Pinterest content will remain yours at that time.
3. Free Pin4Ever Services
  
  Pin4Ever may also offer free Services, such as a free trial backup, free Services trial plan, or free Services when you repin our pin(s) on a schedule. Free Services require an active Account as described above. Free Services associated with your Account which have not been used may be removed or cancelled by Pin4Ever without further notice to you. Pin4Ever may discontinue free Services at any time, without notice, at which time your access to the free Services will end. There is a limit of one free trial per person, and one free trial per Pinterest account.
4. Changes to the Services
  
  Because Pin4Ever is committed to innovation and improvement, the features, tools and Services we offer may change. In addition, because our Services interact with the Pinterest website, any problems or changes in Pinterest's code can cause a temporary or permanent interruption in Pin4Ever's Services. While we plan to make every reasonable effort to maintain Pin4Ever's functionality, or restore it after an outage, practical constraints (including financial, time, and difficulty factors) may cause us to decide in our sole discretion that the Pin4Ever Services will not continue. Pin4Ever reserves the right to modify the Services, including these Terms, at any time, with or without prior notice, even though these changes may affect your ability to access or enjoy the Services. With or without prior notice, we may add or remove features, change the Services, or stop providing the Service to you or to anyone, all within the sole discretion of Pin4Ever.
YOUR CONDUCT
1. Cause for Termination
  
  Pin4Ever reserves the right to terminate your access to and use of the Services if you use, or are suspected of using, the Services in a manner that is inconsistent with these Terms or any international, federal, state or local statutes, laws, rules, ordinances, or interpretations or orders made by any governmental, administrative or regulatory agency or court possessing authority. In addition, Pin4Ever shall have the right to take appropriate administrative and/or legal action, including pursuing criminal prosecution, as it deems necessary in Pin4Ever's sole discretion. As examples, Pin4Ever may terminate your account and/or pursue other remedies if you: (1) engage in activity that attempts to cause, or succeeds in causing, any harm, disruption or diminishment of the Pin4Ever brand, Services, computer system or network; (2) misrepresent your identity, impersonate any person or attempt to gain access to any Account, User Content, computers or networks related to the Services, without proper authorization; (3) attempt to interfere with any other person's authorized use of the Services; (4) use the Services in a manner that results in excessive bandwidth usage, as determined by Pin4Ever; (5) use the Services to backup, copy, store or distribute any illegal files or data; (6) use the Services to backup, copy, store or distribute material protected by the intellectual property rights of a third party unless you own or have rights allowing such use of the material; (7) use the Services to backup, copy, store or distribute material that contains viruses, Trojan horses, worms, corrupted files or any similar software that may damage the operation of the Services or another person's computer or property; (8) reverse engineer, decompile, disassemble, modify or create derivative works of the Services; (9) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Services; (10) remove or fail to reproduce any proprietary notices (e.g., copyright and trademark notices) from the Pin4Ever website or Services; or (14) infringe the intellectual property or other legal rights of third parties.
2. Laws, Rules and Regulations
  
  You are solely responsible for ensuring that your use of the Services is in compliance with all applicable (including international, federal, state and local) statutes, laws, rules, ordinances, or interpretations or orders made by any governmental, administrative or regulatory agency or court possessing authority. You agree to defend, indemnify and hold Pin4Ever harmless from and against any and all damages, fines, penalties, assessments, liabilities, losses, costs and expenses (including attorney's fees, expert fees and out-of-pocket expenses) in connection with your use of the Services, your violation of these Terms, your violation of any third-party rights, including any intellectual property rights, any misuse or fraudulent use of credit and debit cards, any claims that the Service or any part thereof were exported or otherwise shipped or transported by you in violation of applicable laws, rules or regulations, or any claim of misuse of the Services, including but not limited to any claim that you are have used your Account to store, backup, copy or distribute any illegal files or data.
3. Third Party Links, Websites and Services
  
  The Pin4Ever Service, website, web browser extension, and your saved backup User Content may contain links or offer access to third-party websites, advertisers, services, special offers, or other content that is not owned, controlled or monitored by Pin4Ever. Pin4Ever does not endorse or assume any responsibility for any such third-party websites, materials, products, services, information or other content. If you access any third party website, service or other content via the Pin4Ever Service, including links in your backup User Content saved via the Pin4Ever Service, you do so at your own risk and you agree that Pin4Ever will have no liability arising from your use of or access to any third-party website, materials, products, services, information or other content.
PIN4EVER PROPERTY
1. Our License to You
  
  While you have an active and verified Account, Pin4Ever grants you a revocable, limited, non-transferable, non-exclusive license to access the Pin4Ever website and use the Pin4Ever Services as described herein. Except for the limited license granted herein, you acknowledge that Pin4Ever owns all right, title and interest in and to the website, the Services, the web browser extension, all copies thereof and all proprietary rights therein including copyrights, patents, trademarks, logos, domain names and other brand features of Pin4Ever.
2. Feedback Submitted to Pin4Ever
  
  If you choose to provide feedback, comments, ideas or suggestions to Pin4Ever with regard to the website and current or potential Services, products or features, either on your own initiative or in response to a request by Pin4Ever, you agree that your submission is unsolicited and gratuitous and that Pin4Ever may use and disclose all or any part of your feedback, comments and suggestions for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of your feedback, comments, ideas or suggestions submitted or communicated to Pin4Ever, you hereby grant to Pin4Ever an irrevocable, perpetual, royalty-free license to use all or any part of your feedback, comments, ideas and suggestions without any restriction and without additional compensation or obligation being owed by Pin4Ever to you. By receipt of your feedback, comments, ideas or suggestions, Pin4Ever does not waive any rights to use similar or related information already known to Pin4Ever, or received from independent sources.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF PIN4EVER (INCLUDING THE WEBSITE, WEB BROWSER EXTENSION, BACKUP AND OTHER SERVICES) AND YOUR ORIGINAL USER CONTENT REMAINS WITH YOU AND YOU USE THE PIN4EVER SERVICES AT YOUR SOLE DISCRETION AND RISK. THE SERVICES ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. PIN4EVER DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. PIN4EVER DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OR AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY METHODS WILL BE SECURE OR EFFECTIVE. YOU AGREE THAT NO ORAL OR WRITTEN STATEMENT GIVEN BY A REPRESENTATIVE, AGENT OR EMPLOYEE OF PIN4EVER SHALL CREATE ANY ADDITIONAL PIN4EVER WARRANTIES OR IN ANY WAY INCREASE PIN4EVER'S OBLIGATIONS UNDER THESE TERMS.

YOU AGREE THAT IN NO EVENT SHALL PIN4EVER OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, PERSONAL INJURY, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO ACCESS OR USE THE SERVICES (INCLUDING THE WEB BROWSER EXTENSION, WEBSITE OR PIN4EVER BACKUP DATA) OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON THEORIES OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF PIN4EVER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT PIN4EVER DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (2) INDEPENDENT UNAUTHORIZED USERS (E.G. "COMPUTER HACKERS") MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS OR NETWORKS. PIN4EVER IS NOT RESPONSIBLE OR LIABLE FOR SUCH ACTIVITIES BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT AND YOUR COMPUTER SYSTEMS.

IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF PIN4EVER, ITS EMPLOYEES, REPRESENTATIVES AND AGENTS FOR ALL DAMAGES OF EVERY KIND AND TYPE - WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY - SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID TO PIN4EVER BY YOU IN THE 12 CALENDAR MONTHS IMMEDIATELY PRECEDING THE ARISING OF DAMAGES. IF THE SERVICES ARE PROVIDED TO YOU WITHOUT COST, THEN PIN4EVER SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE ABOVE TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE, AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY ACKNOWEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE AN ESSENTIAL PART OF THESE TERMS AND OF PIN4EVER'S AGREEMENT TO PROVIDE YOU THE SERVICES, AND THEY ARE AN ESSENTIAL FACTOR IN DETERMINING THE PRICE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE TERMS MAY NOT APPLY TO YOU.
GENERAL LEGAL TERMS
1. Export; Non-U.S. Residents.
  
  The Pin4Ever business and Services are controlled and operated from its facilities located in the United States. Pin4Ever makes no representations that the Services are appropriate or available for use in other jurisdictions. Individuals or entities who access the website or Services from other locations do so of their volition and are solely responsible for ensuring compliance with all applicable local, state, national, international or other laws, rules and regulations, and all interpretations or orders made by any governmental, administrative or regulatory agency or court possessing authority, including but not limited to those related to import and export of software, technical information or services. If you are a resident of a country subject to U.S. embargo, or a foreign person or entity blocked or denied by the U.S. government, you may not use the Pin4Ever website, web browser extension or Services. Unless otherwise explicitly stated, all materials found on and in the Pin4Ever website, Services, and any advertisements or emails sent on behalf of Pin4Ever are directed solely to individuals and entities located in the United States. By creating an Account and using the Pin4Ever Services, you represent and warrant that you are allowed to use the Pin4Ever website and Services under the above Terms.
2. Governing Law.
  
  If you have a complaint or dispute with Pin4Ever, you agree to contact us first at www.pin4ever.com/contact.jsp so that we may attempt to resolve your complaint informally. If informal resolution of the dispute is not successful, we each agree that any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, scope, applicability, termination or breach thereof, shall be referred to and finally determined by the state or federal courts located in or nearest to New Port Richey, Pasco County, Florida, or by arbitration which takes place there.
  
  You agree that: (1) the Pin4Ever business and Services shall be deemed solely based in the State of Florida; and (2) the Services provided by Pin4Ever shall be deemed passive ones that do not give rise to any jurisdiction other than Florida possessing specific or general personal jurisdiction over Pin4Ever or over any other party involved in creating, producing or delivering the Services. These Terms, as well as your and Pin4Ever's observance of them, shall be governed, construed and enforced in accordance with the internal substantive laws of the State of Florida without reference to conflicts of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in New Port Richey, Pasco County, Florida or the United States District Court for the Middle District of Florida, Tampa Division, or for arbitration in New Port Richey, Pasco County, Florida, for any disputes, claims or actions arising out of, relating to, or in any way connected with these Terms.
3. General.
  
  These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter addressed herein. It is agreed that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. In the event that any provision herein is held to be illegal, invalid or unenforceable in whole or part, the remaining provisions shall remain in full force and effect. A waiver by one party of a default or breach by the other party shall not be deemed a further or continuing waiver of such term or any other, and Pin4Ever's failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Pin4Ever in writing. If you or Pin4Ever is unable to perform obligations under these Terms because of any accident, act of God, strike, court order, fire, riot, war, failure of third-party equipment or services, or any other cause that is beyond the affected party's reasonable control and that could not have been avoided through the exercise of reasonable care and diligence (a "Force Majeure Event"), then the non-performing party will: (1) promptly inform the other party; (2) take reasonable steps to resume performance as soon as possible; and (3) not be considered in breach of the agreement while the Force Majeure Event continues. If a Force Majeure Event lasts for 5 or more days, Pin4Ever may at its election terminate your Services Plan and these Terms by providing electronic notice to you. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT THAT ANY REMEDY HEREIN IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. The following provisions shall remain in effect and binding after termination or expiration of the Agreement in these Terms: Your Account, Privacy and Security, Subscriptions to Pin4Ever Services Plans, Your Conduct, Pin4Ever Property, Disclaimer of Warranties and Limitation of Liability, and General Legal Terms.