Terms and Conditions

Welcome to www.pinmart.com (the “Site”).  This Site is operated by PinMart, Inc. (“PinMart”). The mailing address for PinMart, Inc. is 180 Martin Lane, Elk Grove Village, IL 60007.

By accessing, browsing or using any part of this Site, you acknowledge, without limitation or qualifications, that you have read, understood and agree to be bound by the terms and provisions of this legal notice. If you do not agree with all of the terms set form below please do not use or access this Site. PinMart reserves the right to revise these terms at any time by updating this posting. You are encouraged to review these terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes.

Copyright Notice

All of the content you see on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by PinMart, one of its affiliates or by third parties who have licensed their materials to PinMart. 

The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and PinMart owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of the Site. You may only download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. PinMart reserves complete title and full intellectual property rights in any content you download from the Site.

Except as otherwise provided herein, use of the Site does not grant you a license to any content, features or materials you may access on the Site and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials, in whole or in part unless you first obtain written permission from PinMart. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. The sale or linking of our products on or to any third-party e-commerce site, marketplace or mobile application without our specific written consent is prohibited. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by PinMart. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by PinMart, including but not limited to: PinMart, the PinMart design logo, and the tag line " More than just pins...Recognize, Inspire, Promote” (collectively, the "PinMart Marks"). Any use of the PinMart Marks without the prior written permission of PinMart is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the PinMart Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of PinMart.

Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to PinMart on or by the Site or otherwise disclosed, submitted or offered to PinMart  (collectively, “Comments”) shall be and remain PinMart’s property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to PinMart of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Comments. PinMart will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

You agree that no Comments submitted by you to PinMart will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material.  You are and shall remain solely responsible for the content of any Comments you make, including those made on any PinMart.com message service.

 We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other PinMart guests or any third party. PinMart reserves the right to purge the content you provide after 90 days of creation.

Any content you submit is for non-commercial use only. You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

Colors

We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Inaccuracy Disclaimer

From time to time there may be information on the Site, in an email to you or on our social media pages that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. PinMart reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Orders: Acceptance, Quantities, Pricing, Payment, Risk of Loss, and Returns

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. PinMart reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. PinMart reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at PinMart's sole discretion.

Despite our best efforts, a small number of the items on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

When you order from PinMart your credit card is charged in United States dollars. If you live outside the United States your form of currency will depend on the issuer of your credit card.

All items purchased from PinMart are made pursuant to a shipping contract. The risk of loss and title to the items pass to the purchaser upon our delivery to the carrier.

If you are not fully satisfied with your purchase you may return it subject to our Returns Policy.

International Use – Consent to Processing

PinMart controls and operates the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

If you access the Site from locations outside the United States you agree that any information you provide to or though the Site may be processed in the United States.

Security Rules

Violations of system or network security may result in civil or criminal liability. PinMart will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mail bombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or its content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Indemnification

You agree to indemnify, defend and hold harmless PinMart, and its officers, directors, employees, agents, licensors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

DISCLAIMERS –– GENERAL

THE WWW.PINMART.COM WEBSITE IS OPERATED BY PINMART, INC, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, PINMART.COM, AND THEIR AFFILIATES (COLLECTIVELY, THE "PINMART FAMILY") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, PINMART, INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.

WITHOUT LIMITING THE FOREGOING, PINMART, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, PINMART, INC. DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

PINMART, INC. DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

PINMART, INC. MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

PINMART, INC. ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL PINMART, INC. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PINMART, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PINMART CORPORATIONUNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE DOLLAR ($1.00).

ENFORCEMENT OF TERMS AND CONDITIONS

BY ACCESSING AND USING THE PINMART.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF ILLINOIS, UNITED STATES OF AMERICA.

Last Updated December 11, 2014