Terms of Service
Please Read These Terms Carefully Before Using this Service
The contents on this mobile application Pynit (the “app“/ “Pynit”) are provided by Pynit as a service to its customers. By using this application, you agree to these terms. If you do not agree to them, do not use the site or access the service from it.
Pynit is a real-time application for mobile phones. This app enables you to find the directions to the places you visit the most.
- Acceptance of Terms
This Service is offered to you conditioned on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Website/app (the “Site” “app”) by Pynit (collectively, the “Terms”). The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time without notice to you. These Terms of Service apply to all users of the Pynit app, including visitors and users of the services.
The words “use” or “using” in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Pynit Services, transmit, receive or exchange data or communicate with the Pynit Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Pynit Services, for any purpose whatsoever.
Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Pynit resources and services.
- The Service
This is a web based service accessible by Iphone and Android. Pynit allows you to find and navigate to the places you visit most with just one click on your iPhone or Android. Pynit helps you to search locations you frequent without typing and searching the location. Pynit can help you store unlimited “Pyns” and instantly access the closest location and navigate there easily. Pynit uses Google maps for its services. Pynit works in most of the countries throughout the world. Pynit basically eliminates a number of steps in finding the closest location to your favourite spots.
You also understand and agree that the Services may include advertisements and that these advertisements are necessary for Pynit to provide the Services. You also understand and agree that the Services may include certain communications from Pynit such as service announcements, administrative messages and updates.
- Modifications to the Service
Pynit reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms of Service of this agreement shall be effective immediately after they are initially posted on the Site. User’s continued use of the Service after the posting of the amended Terms on the Site constitutes User’s affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Pynitapp shall not be liable to User or any third party in the event that Pynit exercises its right to modify or discontinue all or part of the Service. You are responsible for being familiar with any changes or modifications to these Terms of Service. You can review the most current version of the Terms at any time at: http://www.pynitapp.com
In order to access the app, you will have to register and create an account. You can register through our mobile application using your Facebook account or Email. Registration is FREE. If using the email option you must submit a valid email address; and create a custom password during the registration process.
By electing to use these services; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) You will not create more than one personal profile: (d) If we disable your account, you will not create another one without our permission; (e).you agree not to use the app for any unlawful purpose.
You agree to notify Pynit immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account by any third party.
You agree that you are aware about the charges for using this service through your mobile internet gateway and will not raise any dispute in this regard with Pynit.
You also represent that you are not a person barred from receiving the Services under the laws of the State of Illinois USA, Federal USA, or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Pynit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pynit has the right to suspend or terminate your account and refuse any and all current or future use of the app services (or any portion thereof).
- User Conduct/Lawful Use
User agrees that use of the app/site is subject to all applicable International, National, Federal, state, and local laws and regulations. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Pynitapp for lawful purposes only.
- To comply with laws of Illinois, USA;
- Not to use Pynit for illegal purposes;
- Not to interfere or disrupt networks connected to the Pynitapp;
- To comply with all regulations, policies and procedures of networks connected to Pynit;
- Not to resell or transfer your access to the service to any third party;
- Not to restrict any other visitor from using the service;
- To act responsibly, treat other website/app users with respect and not violate their rights;
- Not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any
portion of the Service or any part of the app/Website;
- Not to harvest or collect information about Users of the service without their express consent.
User agrees that – he/she shall not distribute or facilitate distribution of any content, including but not limited to photos, videos, images, sounds that: (1) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or provide links to adult contents elsewhere, or otherwise violates Pynit’s rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising; (5) impersonates any person or entity, including any of our employees or representatives.
If you encounter such prohibited acts you waive your right to any damages related to such exposure. Such material should be immediately reported to firstname.lastname@example.org.
In case of any violation of these Terms, Pynit reserves the right to seek all remedies available by law and in equity for such violations.
- Limitation of Liability
As a condition of use of the Service, and in consideration of the services provided by Pynit, User agrees that neither Pynit, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Pynit will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of Service, Site or app.
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE/ APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PYNITAPP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PYNITAPP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You specifically acknowledge that Pynit shall not be liable for user submissions if any or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The app/Site is controlled and offered by Pynit from its facilities in USA. Pynit makes no representations that the Pynit app is appropriate or available for use in other locations. Those who access or use the Pynit app from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Pynit shall not be liable for any damages, resulting from the use or the inability to use Pynit services or for cost of procurement of substitute services or resulting from any services purchased or obtained or transactions entered into through the site or resulting from unauthorized access to, deletion or alteration of user’s transmissions or data or failure of the site to store user’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Pynitapp has been advised of the possibility of such damages.
Your Pynit account is non-transferable.
The materials on this Site/app are copyrighted and any unauthorized use of any of the materials may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:
- Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental;
- Decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law;
- Remove any copyright or other proprietary notices from the Materials;
- You agree to prevent any unauthorized copying of the Materials.
- Disclaimer/No Warranty
Pynit app service is provided on an “as is” basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Pynit be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the app; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or; 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 content posted, server transmitted, or otherwise made available via the Pynit app. Pynit does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Pynit site or any hyperlinked site or featured in any banner or other advertising, and Pynit will not be a party to or in any way be responsible for monitoring any dealings between you and other users. You should use your best judgment and exercise caution where appropriate. As a provider of interactive services, Pynit is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area, even if Pynit has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Pynit uses Google Maps to provide services. But, Pynit does not have any direct partnership or legal affiliation to Google aside for the technology used. We disclaim any responsibility for loss or damage that can occur as a result of non-functioning or improper functioning of the software, service provided, etc., by Google or any other provider.
Pynit further does not warrant that its service will be secure or uninterrupted; the information, links or other items contained within these materials will be accurate and complete. Pynit may make changes to these materials at any time without notice. Pynit makes no commitment to update the Materials. No oral advice or written information given by Pynit its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.
Pynit is not responsible for any problems or technical malfunction of any phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any players due to technical problems or traffic congestion on the Internet or on any of the Pynit Services or combination thereof, including any injury or damage to Users or to any person’s Iphone/Android related to or resulting from participation or downloading materials in connection with the Pynit Services.
User will defend, indemnify and hold harmless Pynit and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the Users; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
Pynit has no control over the content of information transmitted by User and that Pynit does not examine the use to which User put the app service or the nature of the information User sends or receives. User hereby indemnifies and holds harmless Pynit, its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by User or User’s users. This indemnification obligation will survive these Terms of Service and your use of the Pynit app.
- Intellectual Property Rights
When you provide any Content to Pynit, you still retain all of your rights of ownership in your Content.
User acknowledges that content, including but not limited to policy information, text, software, music, sound, images, video, graphics, meta data, geographic information, the arrangement of text and images, commercially produced information, and other material contained on the app or through the Service (“Content”), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by Pynit. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Pynit. User agrees not to use or divulge to others any information designated by Pynit as proprietary or confidential. Any unauthorized use of any Content contained on the app or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes; and may result in termination of the User’s access to the service. Except as specifically permitted herein, no portion of the information on the site may be reproduced in any form, or by any means, without prior written permission from Pynit or the specific content’s owner. Users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on the site for any public, personal or commercial purposes.
If you download, print or display any Pynit Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. Any unauthorized use terminates the permission or license granted by Pynit.
- Copyright Policy
(a) Notification of Copyright Infringement
Pynit respects your Intellectual Property Rights and has a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 1998, available on http://www.copyright.gov/legislation/dmca.pdf. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website www.pynitapp.com or mobile application Pynit infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) through mail or email, by providing Pynit’s Designated Copyright Agent (details mentioned below), with the following information in writing. If Pynit is convinced about the violation, it will promptly take appropriate action by disabling the access to such material or remove it and also termination of the membership of those Users without notice if they are found to be “repeat infringers.”
- Identification of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works on www.pynitapp.com and/or Pynit mobile application are covered by a single notification, a list of such works.
- Identification of the material you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Please provide URLs to help us locate content quickly.
- Sufficient information to enable us to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement as follows: “I hereby state that I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.
- Another statement: “I hereby state that the information in the notification is accurate, and under penalty of perjury, that I am the owner/ authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
- Your physical or electronic signature.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you are the owner of the allegedly infringed material and if you elect to send us a counter notice; in order to enable us to take cognizance of your notification, it must be in writing and must include the following:
- A physical or electronic signature of the member.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury as follows: “I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- Another statement: “I consent to the jurisdiction of the Courts for the judicial district Illinois, or (if the subscriber’s address is outside of the United States) courts located in the judicial district in which www.pynitapp.com may be accessed, and that the subscriber will accept service of process from the person who provided notification or an agent of such person”.
- The member’s name, address, and telephone number.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You can send your notifications and counter-notifications of claimed infringement to Pynit by using the link email@example.com.
We will check all notifications and counter-notifications on a weekly basis and initiate appropriate action.
You acknowledge that if you fail to comply with all of the requirements, your DMCA notification may not be valid.
- User Disputes
Pynit reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Users.
Each of the parties to this Agreement hereby waives any right it may have to a trial by jury in respect of any litigation arising out of, under or in connection with this agreement.
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 Pynit Services or the TOS will be permanently barred if such claim is not filed within one (1) year after such claim or cause of action arose.
You agree that we may terminate your right to use our Services if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material.
Any attempt to undermine or cause harm to a Pynit’s server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes Spamming, transmission of – malware, viruses, trojan horses; or by linking to sites and files that contain or distribute malware, viruses and trojan horses.
Pynit may terminate user’s account and forfeit any fee at any time without prior notice, if you are in breach of the terms of this Agreement. Pynit will be the sole arbiter as to what constitutes a violation of the Agreement.
- Entire Agreement/Severability
This Agreement sets forth the entire agreement between you and Pynit in respect of this app and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Pynit’s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.
- Governing Law
These Terms shall be governed by and construed in accordance with laws of Illinois, USA, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Illinois, USA, the laws, rules and regulations of the Illinois, USA shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the courts located in Chicago, IL United States of America.