Last Updated: October 1, 2020
PiñataFarms Terms of Service
PiñataFarms (“PiñataFarms,” “we,” “us,” “our”) provides a mobile application and related services (collectively, the “Services”), that are subject to the following Terms of Service (the “Terms”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES.
2. Modifications to Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on the Services and indicate the new effective date at the top of the document. Depending on the type of change, we may also provide you other reasonable means of notification as required by applicable law. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services from time to time.
4. Access and Use of the Services
Services Description. The Services, and any content accessed or viewed through the Services, are solely for your personal and non-commercial use. We grant you a limited, non-exclusive, non-transferable, license to access and use the Services as permitted by these Terms. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the Services for public performances. We may revoke your license at any time in our sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made in accordance with these Terms or otherwise.
Registration Obligations. You may be required to register in order to access and use the Services. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted during registration. The Services are intended for users 16 years of age or older, and children under the age of 13 are strictly prohibited from using the Services. If you are under the age of majority in your local jurisdiction, you may only use the Services with the consent of a parent or legal guardian.
Account Registration. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services. We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We have no obligation to retain your account or User Content (as defined below) for any period of time beyond what may be required by applicable law, or as otherwise in our discretion.
General Practices Regarding Storage. You acknowledge that we may establish general requirements and limits concerning the maximum period of time that data or User Content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or User Content maintained or uploaded to the Services.
5. Conditions of Use**
User Conduct. You agree to not use the Services to:
post or distribute any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in our sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type;
use the Services for commercial purposes, except as permitted by us or in compliance with an applicable developer agreement or API provided by us;
scrape, access, monitor, index, frame, link, or copy any Content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly- available portions of the Services through a browser or accessing the Services through any API provided or approved by us;
breach the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
interfere with or disrupt the Services or servers or networks connected to the Services;
violate any applicable local, state, national or international law, or any regulations having
the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the
Services by electronic or other means for the purposes of sending unsolicited emails or
other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not
further or promote any criminal activity or enterprise or provide instructional information
about illegal activities; and
use the Services in a way that violates U.S. export laws.
6. Intellectual Property Rights**
Service Content, Software and Trademarks. You acknowledge and agree that the Services may contain code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, features, or other materials (“Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by PiñataFarms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Content, in whole or in part, except that the foregoing does not apply to User Content (as defined below) that you legally upload or create through the Services.
If you are blocked by PiñataFarms from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Services or distributed in connection therewith are the property of PiñataFarms, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by PiñataFarms.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Section, including without limitation, removing the offending Content from the Services, suspending or terminating the account of such violators, and/or reporting them to law enforcement authorities.
The PiñataFarms name and logos are trademarks and service marks of PiñataFarms (collectively the “PiñataFarms Trademarks”). Other PiñataFarms, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to PiñataFarms. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PiñataFarms’ Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of PiñataFarms Trademarks will inure to our exclusive benefit.
Third Party Material. Under no circumstances will PiñataFarms be liable in any way for any Content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that PiñataFarms does not have an obligation to pre-screen Content, but that PiñataFarms and its designees will have the right in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, PiñataFarms and its designees will have the right, in their sole discretion, to remove any Content that violates these Terms or is deemed by PiñataFarms to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
User Content. With respect to the Content you upload or create using the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you do not infringe upon any copyrights and rights of publicity contained therein, and that you have may post or transmit such content or other materials without violation of any third- party rights. By uploading any User Content you hereby grant and will grant PiñataFarms, its affiliated companies and partners (collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Services (“Submissions”), provided by you to PiñataFarms, its affiliated companies or partners are non-confidential and PiñataFarms, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Photosensitive Seizure Warning. Piñata Farms allows you to watch video content. A very small percentage of individuals may experience epileptic seizures when exposed to certain visual images, including light patterns or flashing lights that may appear in video content. Exposure to certain patterns or backgrounds on a screen, or while watching videos, may induce an epileptic seizure in these individuals. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.
If you, or anyone in your family, have an epileptic condition, consult your physician prior to watching video content on Piñata Farms. If you experience any of the following symptoms while watching – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions – discontinue use IMMEDIATELY and consult your physician before resuming use of Piñata Farms.
7. Legal Compliance**
8. Copyright Complaints**
PiñataFarms respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the services that infringes upon the copyright rights of others. In the event that any users of our services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the services
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify PiñataFarms of your infringement claim by following the instructions in this Section.
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notices which meet all of these requirements will be considered “DMCA Notices” for purposes of Piñata Farms’ repeat infringer policy. Piñata Farms’ copyright agent for notice of claims of copyright infringement can be reached at the following:
Copyright Agent PiñataFarms
10250 Constellation Blvd. Los Angeles, CA 90067
(310) 494-7861 firstname.lastname@example.org
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the Content in your User Content, you may send a written counter-notice to the Copyright Agent above containing the following information to us at the contact information listed above:
your physical or electronic signature;
identification of the Content that has been removed or to which access has been
disabled and the location at which the Content appeared before it was removed or
a statement that you have a good faith belief that the Content was removed or
disabled as a result of mistake or a misidentification of the Content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of
California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. PiñataFarms reserves the right to remove or disable access to material on our websites or services that infringes upon the copyright rights of others. Piñata Farms will, in appropriate circumstances and at our discretion, terminate a user’s account if it is determined the user is a repeat infringer. A repeat infringer is a user for whom Piñata Farms has received multiple DMCA notifications. Piñata Farms, however, reserves the right in its sole discretion to terminate a user at any time for copyright infringement, even without receiving a DMCA notice.
Upon receiving a DMCA notice, PiñataFarms will provide a copy of the notice to the affected user. If the affected user provides Piñata Farms with a counter-notice that complies with this policy in response to the DMCA notice and the copyright owner providing the DMCA notice does not answer or during the course of legal proceedings a court finds that the PiñataFarms user has not infringed a copyright, the notice will not count as a notification for purposes of PiñataFarms’ repeat infringer policy. Likewise, if the copyright owner retracts his or her notice, it will not count as a DMCA notification under this policy.
9. Third Party Websites**
The Services may provide, or third parties may provide, links or other access to third-party sites and services. PiñataFarms has no control over such sites and services and PiñataFarms is not responsible for and does not endorse such sites and services. You further acknowledge and agree that PiñataFarms will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or services. Any dealings you have with third parties while using the Services are between you and such third parties, and you agree that PiñataFarms is not liable for any loss or claim that you may have against any such third party.
10. Indemnity and Release**
To the fullest extent permitted by law, you agree to release, indemnify and hold PiñataFarms and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Content, your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
11. Disclaimer of Warranties**
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, PIÑATAFARMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PIÑATAFARMS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
12. Limitation of Liability**
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIÑATAFARMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PIÑATAFARMS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL PIÑATAFARMS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PIÑATAFARMS IN THE LAST TWELVE (12) MONTHS, IF ANY, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, IF YOU ARE A RESIDENT OF NEW JERSEY, THESE LIMITATIONS WILL APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and PiñataFarms will have no liability or responsibility with respect thereto. PiñataFarms reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
13. Governing Law**
These Terms are governed by the laws of the State of California, without regard to choice or conflict of law rules thereof. The exclusive jurisdiction and venue for actions related to these Terms are the state courts located in Santa Clara County, California, or the United States District Court for the Northern District of California, and both parties submit to the personal jurisdiction of these courts.
You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any Content within the Services, for any reason, including, without limitation, if we believe that you have violated these Terms. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that PiñataFarms will not be liable to you or any third party for any termination of your access to the Services.
These Terms constitute the entire agreement between you and PiñataFarms and govern your use of the Services. The failure of PiñataFarms to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign these Terms without the prior written consent of PiñataFarms, but PiñataFarms may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall PiñataFarms be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
16. Contact Us**
For questions about these Terms, please contact us at: email@example.com