Terms and Conditions ("Terms")
Last updated: February 15, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the pintours mobile application and website (the "Service") operated by pintours LLC ("Pintours", "pintours", "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Pintours has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Pintours or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Intellectual PropertyThe Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Pintours and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pintours.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Pintours.
Pintours has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Pintours shall 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 such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Pintours and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Pintours, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Voluntary Participation
You understand and confirm that my participation in a Pintours tour is voluntary. You agree that you are in good health and suffer from no physical or mental condition that would make me susceptible to injury or disability while participating in the tour.
Understanding Risks
You are aware of the risks, dangers and hazards involved in my participation in a Pintours tour. You understand that the Pintours tours take place in public venues under conditions largely beyond the control of Pintours leaders and the Company. Potential risks may include, but are not limited to, uneven walking surfaces, potholes, raised path edges, wet or slippery ground, steps, curbs, low lighting, narrow walkways, traffic movement, road crossings, diversions due to construction or exposure to weather conditions.
Assuming Risks
You assume all risks involved in participation in a tour provided by Pintours. You accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in a Pintours tour.
Release of Liability
You release, waive, discharge and covenant not to sue Pintours, its principals, affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”) from any and all claims, actions, damages, liabilities, losses, costs, and expenses for death, injury, loss or damage of property, in any way arising out of your participation in a Pintours tour, including, without limitation, any and all claims resulting from the negligence of the Released Entities.
Indemnity Agreement
You agree to indemnify and hold harmless the Released Entities from any loss, liability, damage or cost that they may incur for losses and damages which may be brought against you or against any of them by anyone claiming to be injured (including death) or whose property is damaged as a result of my actions arising from or during a Pintours tour.
Severability
If any portion of this Waiver is held to be invalid it is agreed that the balance of the Agreement will remain valid and enforceable
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Pintours its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Guide Compensation
For tours before 2023, We reserve the right to up to a 25% fee in processing your media for sale.
For tours during or after 2023, We reserve the right to up to 75% fee in processing your media for sale.
We reserve the right to up to 75% fee in processing your media for Tours created under the Presto option
We reserve the right to up to 30% fee in processing your media for Tours created under the Voice option
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Pintours Creator Fund Terms (“Creator Fund Terms”)
These Pintours Creator Fund terms and conditions (the “Creator Fund Terms”) govern your (any participating individual or entity is referred to as “you,” “your,” or “Creator”) participation in the Creator Fund Program (the “Program”) on the Pintours platform (the “Platform”). These Creator Fund Terms incorporate and are expressly subject to the US Pintours Terms of Service (found at https://www.pintours.org/terms), and all other Pintours policies and guidelines, each as may be updated from time to time (together, the “Policies”). In the event of any actual conflict between these Creator Fund Terms and the Policies, these Creator Fund Terms will control during the Term (defined below), solely with respect to Creator’s participation in the Program. Upon expiration or termination of the Program or Creator’s participation in the Program, the Policies will remain in effect and continue to apply to Creator’s use of the Platform. All capitalized terms used but not defined in these Creator Fund Terms have the respective meanings set forth in the Policies.
How to Apply:
To apply, you must submit a complete Program application via the Platform. Pintours will evaluate Creator’s application and eligibility and will notify Creator of their acceptance or rejection, which shall be determined by Pintours in its sole discretion. Pintours may reject an application if Pintours determines (in its sole discretion) that Creator does not meet the eligibility requirements of the Program or is otherwise not in compliance with the Policies. If Creator’s application is rejected, Creator may re-apply, but Creator must wait 30 days after delivery of the rejection notice before re-applying.
Pintours is not responsible for any incorrect or inaccurate information supplied by any Creator. You represent and warrant that all application information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times.
By applying for and participating in the Program, Creator agrees as follows:
1. Eligibility
At all times during participation in the Program, only those Creators meeting all of the following requirements are eligible to participate in the Program:
a. If Creator is an individual, Creator is a legal resident of the fifty (50) United States, D.C., or the territories and possessions of the United States, and is 18 years of age or older or the age of majority in their place of residence; or if Creator is an entity, Creator is incorporated or headquartered within the fifty (50) United States, D.C., or the territories and possessions of the United States;
b. Creator’s Pintours account is active and in good standing and is in compliance with the Policies;
c. Creator has at least one valid linked digital payment account from PayPal that may be offered or required for use as a payment method through the Program, which is registered in Creator’s own name (if Creator is an individual), or which is owned by Creator (if Creator is an entity) (a “Payment Account”), is in good standing with the Payment Account provider, and Creator has completed all necessary onboarding documentation for Creator to apply to the Program (including, without limitation, any tax reporting documents required by Pintours).
Pintours reserves the right to add or modify eligibility requirements in its sole discretion.
Employees, officers, and directors of Pintours or its parent, subsidiary, or affiliated companies are not eligible to participate in the Program.
2. Term
The Term of this Agreement shall begin on the Effective Date and last for one (1) year, unless terminated as set forth below. This Agreement will automatically renew for successive one (1) year periods, unless terminated as set forth below.
3. Payment
Subject to Creator’s compliance with the Policies at all times during the Term and confirmation by Pintours that Creator’s Pintours account is in good standing, Pintours will pay Creator a sum, net of any third-party transaction fees and a Pintours 25% commission fee, which is based on Creator’s total legitimate, unique product sales for eligible User Content that complies with these Creator Fund Terms (“Product Sales”). This excludes sales that Pintours determines in its sole discretion are (i) artificially produced or obtained, or (ii) otherwise in violation of these Terms, including any attempts to manipulate platform mechanisms to increase interaction metrics, as solely measured by Pintours. All statistics regarding the number of Product Sales are based solely on Pintours data, and subject to Pintours’s sole discretion regarding eligibility of content or views.
Creator agrees and acknowledges that Creator has sole responsibility and liability for any and all taxes, contributions, commissions, or other sums arising out of the payments from Pintours. Creator further agrees and acknowledges that Pintours reserves the right and is authorized to withhold from such payments any amounts it is required to withhold and pay over to any governmental authority under applicable law, and any such withheld amounts shall be treated as paid to Creator by Pintours.
From time to time, and in Pintours’s sole discretion, Pintours may modify the payment structure on a prospective basis and/or offer other methods of accruing payment.
4. Payment Terms
Within thirty (30) days of the close of the prior monthly reporting period, Pintours will report the amount of funds accrued during the prior monthly period, which shall be calculated and payable in U.S. dollars.
Creator may transfer available funds to Creator’s Payment Account if the total amount of the funds due to Creator are equal to or exceed the minimum payment threshold of $20.00 USD and Creator remains in compliance with these Creator Fund Terms. All transfers to Creator’s Payment Account must be equal to or exceed $20.00 USD, unless otherwise expressly approved by Pintours in its sole discretion.
Creator agrees to accept funds transferred to Creator’s Payment Account within thirty (30) days of any such transfer, or funds may be forfeited and unavailable for withdrawal. Payment may be issued to Creator on behalf of Pintours by subsidiary or affiliate entities or other authorized payor(s), which may act as the payor under these Creator Fund Terms. Pintours may modify or substitute the payor at any time, without notice to you.
All funds accrued in a reporting period but which do not reach the minimum payment threshold of $20.00 USD will not be eligible for transfer until the funds equal or exceed the minimum payment threshold. Creator is responsible for linking and maintaining an accurate, up-to-date Payment Account from PayPal that complies with these Creator Fund Terms and the terms of their Payment Account provider, and Pintours will not be responsible for any delay, failure, or inability to transfer payment to Creator’s Payment Account due to any reason out of Pintours’s control, including Creator’s failure to comply with these Creator Fund Terms or the terms of use applicable to any Payment Account. Pintours shall not be responsible for any fees or charges relating to the use or operation of Creator’s Payment Account.
In the event that Pintours at any time determines in its sole discretion that any Product Sales or related content are (i) artificially produced or obtained, or (ii) otherwise obtained in violation of these Creator Fund Terms (including, without limitation, the Community Guidelines), or Creator is otherwise in violation of these Creator Fund Terms, Pintours may adjust amounts due to Creator or offset against any payments owing to Creator in the next monthly reporting period. If no future payments are due, Creator will refund to Pintours any amounts owed within thirty (30) days of receiving written notification thereof. Any adjustments or refunds are without prejudice to any other rights or remedies Pintours may have arising out of Creator’s breach of these Creator Fund Terms. Pintours may at any time, without providing a warning or prior notice, temporarily suspend further payments to your Program account, including due to suspected invalid or fraudulent activity or your failure to otherwise comply with these Terms.
5. Termination
Pintours may terminate or suspend Creator’s participation in the Program immediately in its sole discretion: (a) if Creator breaches these Creator Fund Terms or Policies, including, without limitation, for failure to meet or maintain the eligibility requirements; (b) if Creator becomes involved in any situation or occurrence that could reflect unfavorably upon Creator or Pintours (including the Platform, the Program, or any employees of Pintours); and (c) without cause for any reason.
Termination will become effective upon Pintours’s delivery of a termination notice through the Platform.
You may terminate your participation in the Program at any time by following the cancellation process set forth on the Pintours Creator Fund Page accessible via the Platform.
Upon termination, Pintours shall have no further payment obligations hereunder, provided that if the balance owing to Creator at the time of termination exceeds the minimum payment threshold of $20.00 USD, Pintours will pay all such undisputed amounts that accrued in compliance with these Creator Fund Terms within a reasonable time after termination. If Pintours terminates Creator from the Program for cause, Creator forfeits all unpaid amounts accrued but not transferred to Creator’s Payment Account as of the effective date of termination, and Pintours may withhold any amounts otherwise payable to you. Creators that are terminated from the Program for cause are ineligible to re-apply for participation in the Program, at Pintours’s sole discretion.
Creator must contact Pintours regarding any dispute arising out of payment, perceived accounting or reporting errors, or termination within 30 days of such issue arising. All disputes not raised within such 30 day period shall be deemed waived by Creator.
6. Representations and Warranties
Creator represents and warrants: (a) Creator is over the age of 18 or age of legal majority in their place of legal residence (if an individual), and otherwise has full right, power, and authority to enter into these Creator Fund Terms on behalf of themselves and any entity for whom they are acting; (b) Creator has read, understands, and agrees to follow the Policies; (c) Creator will make any required payments to any third parties required with respect to Creator’s User Content and no payment to any third-party shall be due by Pintours for the activities described in these Creator Fund Terms; (d) Creator shall not solicit or employ the use of any method, software, automated script, technology which attempts to artificially increase sales or interactions with Creator’s User Content, including for purposes of inflating the number of Product Sales or amounts payable hereunder; and (e) Creator’s participation in the Program will not violate any contract or agreement that Creator is a party to or otherwise bound by, or otherwise interfere with any third-party rights or obligations.
7. Confidentiality and Publicity
Subject to the terms of this section, the details of any reporting metrics that may be provided by Pintours or other non-public information contained or resulting from this Program shall be kept strictly confidential by Creator and not published or shared with any third party, except to legal or professional advisors under an obligation of confidentiality.
Creator understands that Pintours may issue an official press release relating to the Program and Creator’s participation in the Program, provided any inclusion of Creator will be subject to Creator’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
Notwithstanding the foregoing, Pintours reserves the right to publicly designate Creator as a participant in the Program, and Creator represents and warrants that Creator shall clearly and conspicuously disclose Creator’s participation in the Program when making any endorsement of Pintours (including a disclosure, such as #Ad or other organic disclosure, placed in copy, in voiceover in a video, or through superimposed script on an image, as applicable, that communicates to a viewer that Creator participates in the Pintours Creator Fund and receives payment from Pintours), whether in User Content posted on the Platform, or in content posted in third-party media.
8. Independent Contractor
The parties acknowledge that their relationship is that of independent contractors and nothing contained in these Terms will be deemed to create or be construed as creating any partnership, joint venture, or employment relationship with Pintours or any third party. For the avoidance of doubt, Creator agrees that Creator is not an employee of Pintours and is not entitled to (and also hereby waives to the maximum extent allowed by law) any benefits provided or rights guaranteed by Pintours, or by operation of law, to its respective employees, including but not limited to group insurance, liability insurance, disability insurance, vacation, leave, retirement plans, or unemployment insurance.
9. Miscellaneous
Pintours may modify any of the terms and conditions contained in these Creator Fund Terms, at any time and in its sole discretion. Pintours will endeavor to provide notice to Creator of any Program modifications; provided, however, that Pintours is not responsible for Creator’s failure to receive notice of changes, and Creator agrees to review the Policies and any updated Creator Fund Terms to ensure that Creator is familiar with the most recent version of such Creator Fund Terms and Policies. Creator’s continued participation in the Program following the public posting of updated Creator Fund Terms to Creator shall constitute Creator’s acceptance of the updated Creator Fund Terms. If Creator does not agree to any updated Creator Fund Terms or Policies, Creator may terminate their participation in the Program at any time.
The failure of Pintours to exercise any rights granted herein upon the occurrence of any of the contingencies set forth in these Creator Fund Terms shall not constitute a waiver of such rights. Creator may not assign, transfer, or delegate any rights or obligations contained in these Creator Fund Terms. Pintours may assign these Creator Fund Terms at its option without prior notice to Creator.