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PINPOINT TERMS OF USE

Dear User,

BEFORE USING THE SERVICES OFFERED BY LIMITED LIABILITY COMPANY ‘PINPOINT’ (“PINPOINT“) PLEASE READ THESE TERMS OF USE CAREFULLY.  THESE TERMS OF USE ARE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE PINPOINT.GS (THE “SITE”), ITS ALIASES (PIN.PN, ETC) AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY PINPOINT (COLLECTIVELY WITH THE SITE, THE “SERVICE”). 
THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE” AND ARE PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
PINPOINT AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: 

(1) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; 
(2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; 
(3) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; 
(4) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.  YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. 

IN NO EVENT SHALL PINPOINT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR ADD-TO LINK FOR:
1. INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF REVENUE;
2. ANY MISTAKES, VIRUSES, TROJAN HORSES, ETC. (REGARDLESS OF THE SOURCE OF ORIGIN);
3. ANY DIRECT LOSSES MORE THAN ONE THOUSAND RUBLES.

ACCEPTANCE OF TERMS

1.1. ACCEPTANCE OF TERMS
By registering for and/or using the service in any manner, including but not limited to visiting or browsing the site, you agree to all of the terms and conditions contained herein (“Terms of Use”). In addition to the Terms of Use, any other aspects of using the service can be found at other rules, policies and procedures that may be published from time to time on the site by PINPOINT, each of which may be updated by PINPOINT without notice to users. 
In addition, some features offered through the service may be subject to additional terms and conditions specified by PINPOINT from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. 
These Terms of Use apply to all users of the service.

1.2. Adhere to Terms of Use
These Terms of Use are the entire agreement between you and PINPOINT with respect to the service and use of the site. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

1.3. Modification of Terms of Use
PINPOINT reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the service at any time by posting a notice on the site or by sending you notice through the service or via email. 
PINPOINT may also impose limits on the service or on the site or restrict your access to the site without notice or liability.  Users must check these Terms of Use periodically for changes.
Users who continue to use the service following the posting of any changes to these Terms of Use will be, in turn, acknowledging acceptance of those changes.

2. ACCESS 

2.1. Terms of access to the Service
Subject to these Terms of Use, PINPOINT may offer to provide the services, and which are selected by you, solely for your own use.  Services shall include, but not be limited to:
- any services PINPOINT performs for you, 
- any applications or widgets offered by PINPOINT that you download from the site or from third party application stores authorized by PINPOINT, 
- any materials displayed or performed on or through the services (including content).
The service is not available to individuals who are younger than 14 years old.

2.2. Registration
User may browse the site and view content without registering, but as a condition to using certain aspects of the service, he or she is required to register on the site and provide PINPOINT with accurate, truthful, and complete registration information (including, but not limited to user name (“Username”), e-mail address and a password he or she will use to access the service).
Users have to keep their registration information accurate and up-to-date. 
Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of user’s account.  

2.3. Limits on registration
On registration and updating of the registration information user shall not:
1. provide any false personal information to PINPOINT or create any account for anyone other than him or herself without such person’s permission;
2. use a Username that is the name of another person with the intent to impersonate that person;
3. use a Username  that is subject to any rights of a person other than you without appropriate authorization; or
4. use a Username  that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

2.4. PINPOINT rights on user registration
PINPOINT reserves the right to refuse registration of, or cancel a Username in its sole discretion. 

2.5. User rights on registration
User is solely responsible and liable for activity that occurs on his or her  account and shall be responsible for maintaining the confidentiality of their own password.  
User shall never use another user’s account without permission. 
User shall immediately notify PINPOINT in writing of any unauthorized use of an account, or other account related security breach of which he or she is aware.

2.6. User’s warranties
User represents and warrants that if he or she is an individual, he or she is of legal age to form a binding contract, or that if user is registering on behalf of an entity, that he or she is authorized to enter into, and bind the entity to, these Terms of Use and register for the service.   
PINPOINT may, in its sole discretion, refuse to offer the service to any person or entity and change its eligibility criteria at any time.

2.7. Termination of access
PINPOINT  may terminate your access to all or any part of the service and/or Add-to Link at any time, with or without cause, or notice, effective immediately. This may result in the forfeiture and destruction of all information associated with your membership.  If you wish to terminate your account, you may do so by following the instructions on the site. 

3. CONTENT

3.1. General
For purposes of these Terms of Use, the term “content” includes, without limitation, any location information, “shouts”, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by or through the service. 
User content is the content added, created, uploaded, submitted, distributed, or posted to the service by users.
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. 
PINPOINT cannot guarantee the authenticity of any content or data which users may provide about themselves. 
You acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.  
PINPOINT Content.
The service contains content specifically provided by PINPOINT or its partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable.  
User shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the service.
All mapping information on site is granted by various online mapping services, and its use is governed by the terms and conditions of each respective Internet service separately: 
Google Maps - http://maps.google.com/intl/ru/help/tterms_maps.html
Yandex Maps - http://help.yandex.ru/maps/?id=1045932
Subject to these Terms of Use, PINPOINT grants each user of the site and/or service a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license to use the content, solely for personal, non-commercial use.  
Use, reproduction, modification, distribution or storage of any content for other than personal, non-commercial use is expressly prohibited without prior written permission from PINPOINT, or from the copyright holder identified in such content's copyright notice, as applicable.  
You shall not sell, license, rent, or otherwise use or exploit any content for commercial (whether or not for profit) use or in any way that violates any third party right.

3.3. User Submissions.
By submitting User Submissions on the site or otherwise through the service, user hereby does and shall grant PINPOINT worldwide, non-exclusive,  royalty-free, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the site, the service and PINPOINT business.
User also hereby does and shall grant each user of the site and/or the service a non-exclusive license to access your User Submissions through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.  
For clarity, the foregoing license grant to PINPOINT does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s).
User represents and warrants that he or she has all rights to grant such license to PINPOINT without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the site is the sole responsibility of the person from which such content originated; that PINPOINT will not be liable for any errors or omissions in any content; and that PINPOINT cannot guarantee the identity of any other users with whom you may interact in the course of using the service.
When you delete your User Submissions, they will be removed from the service.  However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others).

4. Rules and Conduct.

4.1. User’s rights and obligations
As a condition of use, user promises not to use the service for any purpose that is prohibited by these Terms of Use.  
User is responsible for all of one’s activity in connection with the service.  By way of example, and not as a limitation, user shall not (and shall not permit any third party) to take any action or  upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, including without limitation any User Submission, that:
1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
2. is false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by PINPOINT in its sole discretion;  
4. other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without PINPOINT’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
5. contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of PINPOINT or any third party;
6. impersonates any person or entity, including any employee or representative of PINPOINT;
7. includes identification documents or sensitive financial information.
User shall not: 
1) take any action that imposes or may impose (as determined by PINPOINT in its sole discretion) an unreasonable or disproportionately large load on PINPOINT’s (or its third party providers’) infrastructure; 
2) interfere or attempt to interfere with the proper working of the service or any activities conducted on the service; 
3) bypass any measures PINPOINT may use to prevent or restrict access to the service (or other accounts, computer systems or networks connected to the service); 
4) run any form of auto-responder or “spam” on the service; 
5) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site; 
6) harvest or scrape any content from the service; or 
7) otherwise take any action in violation of PINPOINT’s guidelines and policies.  
8) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, 
9) modify, translate, or otherwise create derivative works of any part of the service, 
10)  copy, rent, lease, distribute, or otherwise transfer any of the rights that user receive hereunder. 

4.2. PINPOINT’s guaranties
PINPOINT does not guarantee that any content or user submissions will be made available on the site or through the service.  
PINPOINT has no obligation to monitor the site, service, content, or user submissions.  
However, PINPOINT reserves the right to 
1) remove, suspend, edit or modify any content in its sole discretion, including without limitation any user submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if PINPOINT is concerned that you may have violated these Terms of Use), or for no reason at all and
2) to remove, suspend or block any user submissions from the service.  
PINPOINT also reserves the right to access, read, preserve, and disclose any information as PINPOINT reasonably believes is necessary to:
1) satisfy any applicable law, regulation, legal process or governmental request, 
2) enforce these Terms of Use, including investigation of potential violations hereof, 
3) detect, prevent, or otherwise address fraud, security or technical issues, 
4) respond to user support requests, or 
5) protect the rights, property or safety of PINPOINT, its users.

5. Special Terms for Add-to-Link
If user includes PINPOINT’s Add-to-Link (“Add-to Link”) on your website, the following additional terms apply to the user:
1. Subject to user continuous compliance with these Terms of Use, PINPOINT hereby grants the user a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Add-to Link on a website for which user has proper authorization (“User website”) so that users can post links or content from the user’s website on the service. You grant PINPOINT permission to use and allow others to use such links and content on the service.
2. User’s license is subject to the following restrictions on use: 
(1) user may not use the Add-to Link to facilitate its sale of access to the service or any information therein without PINPOINT’s prior written approval; 
(2) user may not obscure or disable any element of the Add-to Link; 
(3) User website title and other trademarks and logos must appear at least as prominent as PINPOINT’s trademarks and logos in the Add-to Link; 
(4) user may not display the Add-to Link in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by PINPOINT; 
(5) user may not display the Add-to Link on any site that disparages PINPOINT or its products or services, infringes any PINPOINT’s intellectual property or other rights, or violates any applicable law; 
(6) user may not place the Add-to Link on sites that include content that would violate these Terms of Use if posted on the service; 
(7) user may not display the Add-to Link in a manner that does not permit successful linking to, redirection to the service; 
(8) user may not insert any intermediate page, splash page or other content between the Add-to Link and the service;
(9) URL for Add-to Link cannot contain registered trademarks, service marks and other property which do not belong to the user and the owners of such property have not authorized the user to dispose of it.

6. Special Terms for Pages.
If user has  a “Page” on the service, he or she also agrees to the following:
1. Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor.
2. User may only administer a Page if he or she is an authorized representative of the subject of the Page.
3. All content posted on the Pages and unmarked as private will be made available to all users of the services.
4. User may not display any content on his or her Page that is an ad or could be construed as an ad.
5. User may not establish terms beyond those set forth in these Terms of Use to govern the use of the Page he or she administers.
6. User will not direct his or her  Page, or any content on his or her Page, to children under the age of 14.  
7. If user collects information about other users, he or she will only use such information for his or her internal business purposes in connection with his or her use of the cervice and in accordance with PINPOINT’s Privacy Policy.
8. User will not use deceptive practices to get users to “follow” your Page.

7. Third Party Sites and services.
The service may permit user to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the site.  
When user accesses third party websites, he or she does so at his or her own risk.  These other websites are not under PINPOINT's control, and you acknowledge that PINPOINT is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. 
The inclusion of any such link does not imply endorsement by PINPOINT. 
You further acknowledge and agree that PINPOINT 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.

8. Dispute Resolution
1. If user is a citizen of the Russian Federation or entity all disputes arising from applying of these Terms of Use shall be resolved in accordance with the material and procedural laws of the Russian Federation. The claim settlement procedure of dispute resolution is required. Period of response to the claim is thirty days.
2. If user is not  a citizen of the Russian Federation or entity any disputes or claims arising out of or in connection with these Terms of Use shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

9. Miscellaneous
PINPOINT shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PINPOINT’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. 
These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with PINPOINT's prior written consent. 
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail.

10. Contact.
You may contact PINPOINT:
Facebook: http://facebook.com/pin.pn
Twitter: http://twitter.com/pinpointgs
Formspring.me: http://formspring.me/pinpoint[a]
Skype: pinpoint.gs
E-mail: feedback@pinpoint.gs
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