EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PIMP-MY-GRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Pimp-My-Gram is a service for individuals, groups and companies (users) that consults with users to understand the user’s audience, and works with users to engage their target audience with consistent social interactions (liking, commenting, following, etc.). Pimp-My-Gram services are intended to build your audience over time.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on your social media account(s).
You also represent that all information you provide or provided to Pimp-My-Gram upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You are responsible for keeping your password secret and secure. Pimp-My-Gram will use its best efforts to use current Industry Standards for File storage and security to include encryption to protect your Social Media credentials you have submitted to Pimp-My-Gram.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the social media sites that are proved service(s) offered by Pimp-My-Gram , including, without limitation, any person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use social media sites that are proved service(s) offered by Pimp-My-Gram for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Content posted or supplied by you (defined as any posting by you to your social media accounts), including but not limited to, copyright laws.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) via social media sites that are proved service(s) by Pimp-My-Gram
To cancel your account you must login to your dashboard and cancel your subscription or contact Pimp-My-Gram in writing 30 days prior to the cancellation date. Such writing may be via email addressed to [email protected]
In any case, All paid subscriptions will be billed in full from the day of subscription renewal for a period of 1 month. Therefore, canceling your subscription mid term is impossible, since our service is delivered by dedicated account manager - hired on a project basis - your subscription will only be cancelled at the end of the month and not be partly refunded.
If you cancel your user account or your user account is terminated for violating the terms contained herein all of your user account information may be deleted. You specifically acknowledge that, following such a cancellation request we may retain certain user account information only as required by applicable laws, rules, and regulations. The foregoing paragraph shall not relieve you of owed payments or constitute a waiver of any existing breaches to the terms contained herein. Except when such payment is waived in accordance with Pimp-My-Gram’s current customer satisfaction guarantee effective at the time of cancelation.
TARGET AUDIENCE REACTION TO YOUR CONTENT;
YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE(S);
ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR
ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF Pimp-My-Gram HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE(S)). IN NO EVENT WILL Pimp-My-Gram BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL Pimp-My-Gram TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00) OR THE TOTAL BILLING FOR THE PRIOR THIRTY (30) DAYS WHICHEVER IS LESS…
BY ACCESSING THE SERVICE(S), YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “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.” AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, TERRITORY, OR NATION.Pimp-My-Gram IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on a social media site receiving service(s) agree to defend, indemnify and hold Pimp-My-Gram harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on any social media site that is receiving services from Pimp-My-Gram or those operated, maintained or administrated on your behalf):
your Content or your access to or use of any social media site that is receiving services from Pimp-My-Gram
your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
any misrepresentation made by you. You will cooperate as fully required by Pimp-My-Gram in the defense of any claim. Pimp-My-Gram reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Pimp-My-Gram.
Except if you opt-out or for disputes relating to:
You agree that any claim you may have arising out of or related to your relationship with Pimp-My-Gram must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Software related to or made available as part of the Service(s) may be subject to United States export controls. Thus, no software from the Service(s) may be downloaded, exported or re-exported:
By downloading any software related to the Service(s), you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Pimp-My-Gram may choose to sell assets, and may share or transfer customer information in connection with the evaluation of an entry in tree into such actions. If we or our assets are acquired or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.In the event of such occurrence we shall notify the users affected so that proper notice if applicable can be reasonably given as required by law, rule or regulation. User is solely responsible for any notification required under United States, European Union General Data Protection Regulation, Canadian or Great Britain, law, rule, or regulation in effect at the time