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Terms and Conditions

Account Terms

A human must create your account; you must be 13 or over; you must provide a valid email address, and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

 2. Account Requirements

We have a few simple rules for accounts on Pointagram’s Service.

  • You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted. We do permit machine accounts:
  • A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine’s actions. You may maintain no more than one free machine account in addition to your free personal account.
  • One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that’s fine, but it can only be used for running a machine).
  • You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. Pointagram’s does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
  1. User Account Security

You are responsible for keeping your account secure while you use our Service, also the content of your account and its security are up to you.

  • You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  • You are responsible for maintaining the security of your account and password. Pointagram cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly mail Pointagram if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

Acceptable Use
Pointagram hosts a wide variety of collaborative gamification setups from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

  1.  Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

  1. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  1. Conduct Restrictions

While using Pointagram, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including Pointagram employees, officers, and agents, or other Pointagram Users;
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
  • attempt to disrupt or tamper with Poitnagram’s servers in ways that could harm our Website or Service, to place undue burden on Pointagram’s servers through automated means, or to access Pointagram’s Service in ways that exceed your authorization.
  • impersonate any person or entity, including any of our employees or representatives, including through false association with Pointagram, or by fraudulently misrepresenting your identity or site’s purpose; or
  • violate the privacy of any third party, such as by posting another person’s personal information without consent.
  1. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Pointagrams express written permission.

  1. Privacy

Misuse of Pointagram Users’ Personal Information is prohibited.

Any person, entity, or service collecting data from Pointagram must comply with the Pointagram Privacy Statement particularly in regards to the collection of our Users’ Personal Information (as defined in the Pointagram Privacy Statement). If you collect any Pointagram Users’ Personal Information from Pointagram, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Pointagram, and you will respond promptly to complaints, removal requests, and “do not contact” requests from Pointagram or Pointagram Users.

  1. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Pointagram customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.

  1. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

User-Generated Content

You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Pointagram May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Pointagram terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content you create or own (“Your Content”). If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Pointagram Users — certain legal permissions, listed in Sections D.4 — D.5. These license grants apply to Your Content. If you upload Content that already comes with a license granting Pointagram the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.5. The licenses you grant to us will end when you remove Your Content from our servers.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant Pointagram the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Pointagram the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

Accounts
You may have access to accounts. We treat the content of these accounts as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

Intellectual Property Notice
We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

 1. Pointagram’s Rights to Content

Pointagram and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Pointagram AB. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Pointagram.

2. License to Pointagram Policies

This Agreement is licensed under this Creative Commons Zero license.

API Terms
You agree to these Terms of Service, plus this Section H, when using any of Pointagram’s APIs (Application Provider Interface), including use of the API through a third party product that accesses Pointagram.

No Abuse or Overuse of the API

Abuse or excessively frequent requests to Pointagram via the API may result in the temporary or permanent suspension of your account’s access to the API. Pointagram, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Pointagram rate limitations.

You may not use the API to download data or Content from Pointagram for spamming purposes, including for the purposes of selling Pointagram users’ personal information, such as to recruiters, headhunters, and job boards.

All use of the Pointagram API is subject to these Terms of Service and the Pointagram Privacy Statement.

Payment
You are responsible for any fees associated with your use of Pointagram. We are responsible for communicating those fees to you clearly and accurately and letting you know well in advance if those prices change.

Subscriptions are always paid in advance and can be canceled at any time(Not redeemable). 
For non-card paying customers, the cancelations must be at least 90 days prior to the new period, if nothing else is agreed. All exceptions must be written in a separate contract to be valid. 

Cancellation and Termination
You may close your account at any time. If you do, we’ll treat your information responsibly.

N. Communications with Pointagram

We use email and other electronic means to stay in touch with our users.

Disclaimer of Warranties
We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Limitation of Liability

We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

Release and Indemnification
You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

Changes to These Terms
We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

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