I just deleted my Pinterest account. But I love Pinterest. Let me explain.
I’ll start from the beginning. What do you do when you sign up for a new website or app? Do you quickly tap ‘agree’ to the terms & conditions so you can move forward with account creation? If you’re anything like me, accepting the terms is rarely a concern.
I signed up for Pinterest in this manner. I quickly agreed to the terms and conditions without reading them. I know that’s what most people do as well.
Basically, Pinterest is encouraging copyright infringement and misuse of certain content. In fact, they’re actively calling for copyright holders to contact them for any violations. But their terms and conditions clearly state that they are not responsible for any wrongdoing of any kind. In fact, the terms explicitly state that YOU pay Pinterest for any legal fees they have to utilize. They can also include extra fees for causing them ‘emotional distress’ or ‘bodily harm.’ While I don’t think it would ever come to the latter, I don’t want to take a chance and be on the hook to a company for something like this.
If you’ve ever had to retain legal counsel, you know it’s extremely costly. Even just speaking to an attorney will cost you an expensive retainer fee.
So let’s imagine a plausible scenario:
You stumble across a cool photo site and find a terrific photograph that you think you’d love to see later. You also think your friends should check it out because it’s totally awesome. So you pin it to a board on Pinterest.
Fast forward a couple weeks, months, years… and then you get an e-mail from the photographer who took the picture. He or she says that you shared his or copyrighted photograph without expressed written / oral consent. You’re also being named in a lawsuit by the photographer who says that photo was used numerous times without attribution or compensation because of your initial pin. The damage has been done and simply deleting that pin won’t solve the problem.
What do you do?
If you turn to Pinterest, they’ll point you to their terms and conditions. When you read through those, your heart may sink as you see that not only are you responsible for all legal fees, but you may have to even pay Pinterest. Crazy? Yes. Legal? Also yes.
I’m not telling you to delete your Pinterest account. I’m simply advising you to take a close look at what you’re pinning and to double-check your sources. It could save you a lot of angst and money in the long run.
I Still Love Pinterest
I love Pinterest. I plan on casually browsing the site and monitoring what people in the education / technology circles are pinning. I think the site layout is beautiful, the user experience is perfect, and that Pinterest is simply covering their butts with their terms and conditions.
That’s why I’m taking a page from Pinterest and covering my own butt. By deleting my account and simply becoming a casual browser, I don’t have to worry that an errant pin of mind will be the subject of any legal proceedings of any kind. I was sad to see the account go, but that’s the nature of the Internet these days.
Pin with caution.
NOTE: I understand this is a quick overview of my issue with Pinterest. In my non-expert opinion, 99 times out 100 you will likely never run into a problem pinning things on Pinterest. I am definitely not a lawyer and don’t claim to be one. I also know that Pinterest, when used correctly, is a great resource for teachers and others. So we’ll continue to discuss it on Edudemic and offer the ‘Pin It’ buttons on our site, worry not!
Pinterest’s Terms & Conditions
In case you aren’t going to head over to this page, I’ve embedded Pinterest’s terms and conditions below so you can peruse it. If you’re not a Pinterest user, it’s still useful to see what popular social media / bookmarking sites are expecting of their users.
Last Updated Date: March 29, 2011
Welcome to Pinterest! Cold Brew Labs, Inc. (“Cold Brew Labs”, “our”, “us” or “we”) provides Pinterest, an online service that allows users to create, view and follow visual collections (the “Services”) through our website, accessible at www.pinterest.com (the “Site”), and our application for mobile devices (the “Application”).
Key Terms related to Content
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Pinterest Content” means all Content that Cold Brew Labs makes available through the Site, Application or Service, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person that completes Cold Brew Labs’ account registration process, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Site Content” means Member Content and Pinterest Content.
Certain areas of the Site and Application (and your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY POSTING ANY MEMBER CONTENT ON THE SITE, APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Cold Brew Labs reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and the Services.
How Pinterest Works
After you have created an Account (defined below) to become a Member of Pinterest, you may use the Services to create, view and follow visual collections. In order to create a visual collection, you may (i) upload images from your computer by selecting the “Add a Pin” section of the Site, (ii) use the Application to take and upload images, or (iii) install and use our “Pin It” browser toolbar to upload images, by following the instructions provided on the “About” section of the Site. Please note that your visual collections will be publicly viewable by all visitors to the Site and Application. In order to follow the visual collections of other Members, you may search for other visual collections via the Site and Application and select the option to “Follow” such Members.
The Site, Application and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 13 or older.
In order to access certain features of the Site, Application and Services and to post any Member Content on the Site, Application or through the Services, you must register to create an account (“Account”). You must register with Pinterest through your account with certain third party social networking services, including, but not limited to, Facebook and Twitter (collectively, “SNS”). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. Creating an Account for the first time via a SNS will prompt you to merge your Pinterest and SNS accounts. By creating an Account via your account with an SNS, you are allowing Pinterest to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. If you are not currently registered as a Member and you click to login with an SNS, you will first be asked to enter your SNS credentials and then be given the option to register and join Pinterest. Members can automatically post recent activity back to the applicable SNS, and Members also have the option to disable the connection between their Pinterest Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Cold Brew Labs reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Cold Brew Labs of any unauthorized use of your Account.
The Site, Application, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Cold Brew Labs and its licensors exclusively own all right, title and interest in and to the Site, Application, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or Site Content.
If you decide to use the Application, subject to your compliance with the terms and conditions of these Terms, Cold Brew Labs grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. Cold Brew Labs reserves all rights in the Application not expressly granted to you by these Terms. If you download the Application from the iTunes store, you agree that you will only use the Application as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, accessible at http://www.apple.com/legal/itunes/appstore/us/terms.html.
Pinterest Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Cold Brew Labs grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Pinterest Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, Cold Brew Labs grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cold Brew Labs or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Cold Brew Labs does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Cold Brew Labs the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cold Brew Labs’ use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the “Contact Us” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Cold Brew Labs and you hereby irrevocably assign to Cold Brew Labs and agree to irrevocably assign to Cold Brew Labs all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At Cold Brew Labs’ request and expense, you will execute documents and take such further acts as Cold Brew Labs may reasonably request to assist Cold Brew Labs to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
- Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, the Pinterest name, any Pinterest trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Site or Application, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any Cold Brew Labs system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cold Brew Labs or any of our providers or any other third party (including another user) to protect the Site, Application or Site Content;
- Attempt to access or search the Site, Application, Site Content or download Site Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cold Brew Labs or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Cold Brew Labs or Pinterest trademark, logo URL or product name without Cold Brew Labs’ express written consent;
- Use the Site, Application or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, or Site Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Site Content.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;
- Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Cold Brew Labs will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Cold Brew Labs may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Cold Brew Labs has no obligation to monitor your access to or use of the Site, Application, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Cold Brew Labs reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Cold Brew Labs, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Cold Brew Labs copyright law and expects its users to do the same. Cold Brew Labs has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Cold Brew Labs’ Copyright Policy at http://pinterest.com/about/terms.html, for further information.
The Site and Application may contain links to third-party websites or resources. You acknowledge and agree that Cold Brew Labs is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cold Brew Labs of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, Cold Brew Labs will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Cold Brew Labs reserves the right to revoke your access to and use of the Site, Application, Services and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
THE SITE, APPLICATION, SERVICES AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COLD BREW LABS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COLD BREW LABS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COLD BREW LABS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COLD BREW LABS OR THROUGH THE SITE, SERVICES, CONTENT OR MEMBER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT COLD BREW LABS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATION OR SERVICES, NOR DOES COLD BREW LABS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. COLD BREW LABS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Cold Brew Labs, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER COLD BREW LABS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLD BREW LABS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL COLD BREW LABS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLD BREW LABS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Cold Brew Labs Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple iTunes Store (“iTunes Sourced App”):
- You acknowledge and agree that (i) these Terms are concluded between you and Cold Brew Labs only, and not Apple, and (ii) Cold Brew Labs, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. Your use of the iTunes Store Sourced App must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.
- In the event of any failure of the iTunes Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the iTunes Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Store Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cold Brew Labs.
- You and Cold Brew Labs acknowledge that, as between Cold Brew Labs and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the iTunes Store Sourced App or your possession and use of the iTunes Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Cold Brew Labs acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or your possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between Cold Brew Labs and Apple, Cold Brew Labs, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and Cold Brew Labs acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the iTunes Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the iTunes Store Sourced App against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Cold Brew Labs used herein are trademarks or registered trademarks of Cold Brew Labs. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Cold Brew Labs and you regarding the Site, Application, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cold Brew Labs and you regarding the Site, Application, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Cold Brew Labs’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cold Brew Labs may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Cold Brew Labs (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Cold Brew Labs to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cold Brew Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Cold Brew Labs
If you have any questions about these Terms or any questions, complaints or claims with respect to the Application, please contact us at email@example.com