Terms and Conditions of Use

1. Terms

By accessing pyng.me, you are agreeing to be bound by these Terms and Conditions of Use ("Terms") and agree that you are solely responsible for compliance with these Terms and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing pyng.me (or "Site"). pyng.me is protected by applicable copyright and trade mark law. As used in these Terms, "pyng.me" includes pyng.me and Pyng, Inc. where applicable, and vice versa.

2. Company Content

All intellectual property and content on pyng.me, except for content from facebook, is referred to collectively as "pyng.me content." All pyng.me content is owned by Pyng, Inc., and includes materials protected by copyright, trademark and patent law. pyng.me content is a collective work under the United States and other copyright laws and is the proprietary property of Pyng, Inc., all rights reserved. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.

3. Use License

  1. Permission is granted to use pyng.me, under a limited, non-exclusive, non-transferable, personal license to access and use the site. Under this license you may not:
    1. attempt to sign in, or create a user handle, as someone other than yourself;
    2. attempt to decompile or reverse engineer any software contained on pyng.me or pyng.me's client software;
    3. remove any copyright or other proprietary notations from pyng.me content; or
    4. transfer any of pyng.me's content to a "mirror" on any other server;
    5. use pyng.me to violate any laws, regulations or court orders;
    6. use pyng.me for commercial gain or activities such as advertising or solicitation.
  2. This license shall automatically terminate if you violate any of these restrictions or these Terms and may be terminated by Pyng, Inc. at any time.

4. Disclaimer

  1. The pyng.me service is provided "as is." pyng.me makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights to the fullest extent provided by law. Further, pyng.me does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the location information or other information relating to a person's location or time of location. Pyng.me does not warrant or make any representations concerning the actions or use of pyng.me by other users. While pyng.me provides a safer alternative to texting in certain instances, pyng.me makes no representation, warranties or guarantees that it is safe to use pyng.me at any given time or in any particular situation or for any particular use case. You use pyng.me at your own risk and in your sole discretion.

5. Limitations

You agree that Pyng, Inc. and pyng.me shall not be liable to you, your heirs, successors, or assigns, or any third party for any damage, loss or expense whatsoever, based in tort, contract or otherwise, including but not limited to direct, indirect, special, incidental, consequential or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, computer failure or malfunction, or business interruption), arising out of or related to (1) your use of or inability to use the Site or any of the services, information or materials provided on or through the Site; (2) these Terms or the pyng.me Privacy Policy; (3) any products, services or information offered, sold or displayed on or through the Site, (4) personal injury or property damage of any nature, (5) any unauthorized access to or use of our servers and/or any and all information concerning you stored therein, (6) any interruption or cessation of the Site or transmissions to or from the Site, (7) any bugs, viruses or the like that may be transmitted to or through the Site by any third party. These limitations apply regardless of whether Pyng Inc. or pyng.me have been advised of the possibility of such damages. Because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

6. Revisions and Errata

The content appearing on pyng.me can include information about people including their name, picture, location, time of location, and other personal information. pyng.me does not warrant that any of the materials on its web site are accurate, complete, or current. pyng.me will attempt to keep information current but does not make any commitment to do so. pyng.me makes no representations, warranties, or guarantees about how others will use pyng.me or the information contained on pyng.me. Use of pyng.me is completely voluntary and up to the sole discretion of the user.

7. Idemnification

You agree to indemnify, defend and hold harmless pyng.me, its officers, directors, agents, employees and affiliates from and against any and all claims, expenses, liabilities, costs and damages (including attorneys' fees), arising out of or related to any act or omission of you or your employees, agents, end users or subcontractors, including but not limited to use of the Site, violation of these Terms, violation of any law or regulation or violation of any proprietary or privacy right.

8. Age Restrictions

pyng.me is not intended for use by those age 13 or under. If you are between 13 and 18 you must review the terms and conditions and privacy policy with a parent or legal guardian and obtain his or her permission before using pyng.me.

9. Pyng.Me's Rights

pyng.me reserves the following rights:

  1. To terminate the use of the Site and/or the account of anyone who violates these Terms;
  2. To change the Site, the Materials, the form and nature of the Site and any products or services provided through the Site, at any time without notice;
  3. To refuse to provide any user or customer with any product or service;
  4. To review, modify, filter, delete and remove any and all content and information from the Site;
  5. To update and download any software provided on or through the Site;
  6. To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions; and
  7. To provide you with notices, including those regarding these Terms and your account, by email, postings to your account or by other means.
  8. To revise these Terms at any time without notice.
By using pyng.me you are agreeing to be bound by the current version of these Terms.

10. Miscellaneous

Mobile Services
pyng.me contains services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.

User Feedback
If you send us or post any ideas, suggestions, proposals, drawings, concepts, documents or any other information about the Site or other products and services, you agree that such submissions will become pyng.me's sole property without any compensation or credit to you whatsoever.

Governing Law
Any claim relating to pyng.me shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. Venue shall be King County, Washington.

Entire Agreement
These Terms, together with the Privacy Policy, as now or hereafter amended, constitute the entire agreement between pyng.me and you and supersedes all prior or contemporaneous communications and proposals in any medium between you and pyng.me. If a court of competent jurisdiction finds any provision of these Terms or the Privacy Policy to be invalid, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and the remainder of this agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.