Terms of Use

PIV-OT.COM TERMS OF USE

Contact

If you have any questions or concerns about these Terms of Use, please don’t hesitate to contact us at misspivot@piv-ot.com. Thank you!

Basic Terms

http://ww.piv-ot.com, along with its agents, successors, heirs, assigns and/or designees (hereinafter, collectively, “Pivot” or “Piv-ot.com”), provides this service to you, subject to your agreement to the following terms and conditions (hereinafter, “Terms of Use” or “Terms”). Pivot also maintains a Privacy Policy which you should review. Personal and certain other information about you is subject to our Privacy Policy. As a condition of using the Service, you agree to the terms of the Privacy Policy, as it may be changed from time to time.

If you will be “writing” to this site or engaging in activities within the site other than passively viewing site content, you must register and become a site member. During registration, you will be asked to ACCEPT these Terms of Use. Once you check the “agreement” box, you will be deemed to have consented to and you will be bound by these Terms of Use.

Visitors to the site merely wishing to “read” or view content do not need to register and become members. However, any use of this site (which includes but is not limited to simply viewing the site’s content) constitutes your acknowledgement and acceptance of these Terms of Use, which takes effect the moment you first use the site.

Pivot reserves the right at any time to change the terms, conditions and notices under which its services are offered, including but not limited to these Terms of Use, by posting such changes online. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.

Pivot may, but has no obligation to remove content and accounts containing content that Pivot determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. Pivot’s services also may make it possible to post content hosted on Pivot to outside websites. Pivot supports this as an accepted use (in fact, its encouraged!), however pages on other websites which display Pivot content from Piv-ot.com must provide a link back to Pivot to the specific page where the content originates from on Pivot.

If these Terms of Use are not accepted in full, you do not have permission to access the contents of this site or to upload content to this site and you should cease using this site immediately.

Copyright & Other Intellectual Property

All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated and third-party content, shall remain at all times the property of Pivot, its affiliates, associated companies, and/or licensors.

The names, images and logos identifying Pivot are proprietary marks of Pivot, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of Pivot, its associated companies and affiliates, or any third party unless expressly stated otherwise.

Password, Username, and Security

When you register as a member of Piv-ot.com, you will be asked to select a Username, in the form of a valid e-mail address, and a password, which password you are then free to change at your discretion by logging in to Piv-ot.com and editing your account settings. Your Username and Password allow you to access your account and, as we continue to enhance the site, log on to areas of the site that are reserved for members only.

You accept that it is your sole responsibility to maintain the confidentiality of your Password and Username and that you are responsible for all activity that occurs under them. Pivot is unable to check the identity of people using the site and will not in any way be liable where your Password or Username are used by someone else. You agree to notify Pivot immediately of any unauthorized use of your Password or Username and any other breach of security as soon as you become aware of it.

Any private information and/or data relating to your membership to Pivot or any uploaded content that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by Pivot, our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your membership and when making decisions whether any material you seek to upload onto the site should be accepted or rejected. In addition, we may, at our sole discretion, disclose this information to the police, regulatory bodies or any legal advisers in connection with any suspected or alleged criminal activity or offense or civil offense or suspected breach of these Terms of Use, including but not limited to any claim of infringement by you, or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.

Hold Harmless and Indemnification

You agree to hold harmless and indemnify Pivot, and/or Pivot’s employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the Piv-ot.com site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and/or attorneys fees, of every kind and nature. If Pivot receives notice of such a claim from someone other than the member whose use of the site is in question, Pivot will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.

Appropriate Conduct

You affirm that you are more than 17 years of age. You must be 18 years or over to register as a member of Piv-ot.com, or to use or purchase any of its products or services. If we discover or have any reason to suspect that you have not reached 18 years of age, then we reserve the right to suspend or terminate your membership to this site immediately and without notice. Children and young people under 18 years of age are entitled to access Piv-ot.com to view its content but are not presently able to register as members and actively participate — i.e., purchase products or services, or upload content. Certain parts of the site (e.g., any containing audio and video with adult language and/or content) may be unsuitable for younger viewers. Pivot may offer user-managed content ratings, but we do not independently vet or verify these ratings and therefore we cannot and do not guarantee the accuracy of these content ratings.

You are responsible for any activity that occurs under your Username. You are responsible for keeping your password secure. You may not abuse, harass, threaten, impersonate or intimidate other Pivot users. You may not use the Piv-ot.com service for any illegal or unauthorized purpose, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of Pivot is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of user accounts. Appropriate legal action will be taken for any illegal or unauthorized use of the Pivot Services. International users agree to comply with all local laws regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, Usernames, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Pivot service. The Pivot Services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Piv-ot.com. You must not modify, adapt or hack Piv-ot.com or modify another website so as to falsely imply that it is associated with Piv-ot.com. You must not create or submit unwanted email to any Pivot members (“Spam”). You must not transmit any worms or viruses or any code of a destructive nature. You agree that you will not, in the use of Pivot, violate any laws in your jurisdiction (including but not limited to copyright laws), including, but not limited to, United States federal law, and the law of your local state and local city, town, county, and/or other local government.

Violation of any of these agreements will result in the termination of your Pivot account. While Pivot prohibits such conduct and content on its site, you understand and agree that Pivot cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials, and that you use the Piv-ot.com service at your own risk.

You agree that you are responsible for your own conduct and communications while using the Pivot’s service and for any consequences thereof. You agree to use the service only to send and receive messages and material that are legal and proper. By way of example, though not as a limitation, you agree that when using our web service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Post inappropriate, defamatory, infringing, obscene, libelous or unlawful Content.
• Post content that infringes copyright or other proprietary right of any party (hereinafter the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post such Content.
• Post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements.
• Restrict or inhibit any other user from using and enjoying the Service.
• Use the Service for illegal or unauthorized purposes including but not limited to distributing spam.
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Service unless you know them to be incorrect and replace them with correct information.
• Submit content that falsely expresses or implies that such content is sponsored or endorsed by Pivot.
• Create member accounts by automated means or under false or fraudulent pretenses.
• Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• Engage in “ad slamming” of any nature, including the repeated clicking on advertisements to increase potential earnings to you as a publisher, to increase potential costs to an advertiser, or for any reason other than viewing an advertisement as a potential consumer.
• International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• Use any robot, spider, site search/retrieval application in unauthorized areas (those areas with appropriate robots.txt or other files prohibiting bots, spiders or other search retrieval applications), or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose.

While Pivot prohibits the conduct and content described above in connection with Pivot’s service, you understand and agree that you nonetheless may be exposed to such conduct and/or content, and that you use the Pivot service at your own risk.

Privacy

Pivot respects the privacy of its users. Pivot will not share personally identifiable information about you with any third-party except as required by law, or as is necessary to fulfill its obligations under these Terms.

Pivot’s service includes a demographic data collection system. As part of this system Pivot may ask you questions about yourself (like your age, interests, or zip code). Your answers to these questions may be stored on your computer and transmitted to Pivot from time to time. Pivot may store this information on its servers in a way that’s relatable to you or your identity, but will only use it to the extent that it helps us or is necessary to maximize the quality of and customize services and products offered to you.  Information may also be stored and operated on in an aggregate way. Information based on your answers and stored in an aggregate way on our servers may be transmitted to its advertising partners at the time advertisements are served to you. We do this in order to deliver the most relevant advertisements possible.

In addition to specific questions we may ask you, we will also record information about your use of the site that may include your IP (Internet Protocol) address and the pages and content you have viewed. This information may be shared with other users and our partners in an aggregate form that is designed to not be individually identifiable.

Please see Pivot’s Privacy Policy for more information.

Prohibited Content

Our goal is to promote the free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use and elsewhere on the Piv-ot.com website, the following content is prohibited on Piv-ot.com (hereinafter, “Prohibited Content”):

• Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
• Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
• Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
• Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of Pivot, does not otherwise have redeeming value to the community. Pivot may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
• Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
• Content promoting or providing instructional information about illegal activities.
• Content depicting cruelty to animals.
• Copyrighted content or material that is used without the express permission of the owner.
• Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
• Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
• Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of Piv-ot.com servers or another users computer.
• Content that violates any applicable laws or regulations not specifically referenced herein.

Pivot reserves the exclusive right and sole discretion to determine what is “Prohibited Content,” and to decide what appropriate responsive action is warranted, and whether to take such action.

As a condition of your use of the Piv-ot.com site, you warrant that you will not use the services offered on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Piv-ot.com site in any manner which could damage, disable, overburden, or impair the Piv-ot.com site or interfere with any other parties use and enjoyment of the Piv-ot.com site. You may not obtain or attempt to obtain any materials or information, including but not limited to software, iPhone apps, presentation materials, and other Piv-ot.com proprietary materials, through any means not intentionally made available or provided for through the Piv-ot.com site.

Pivot has no obligation to monitor the content which has been uploaded to Piv-ot.com or aggregated from third-party sources with the foregoing. However, Pivot reserves the right to review materials uploaded to or aggregated by Pivot and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. Pivot reserves the right to terminate your access to any or all of the services offered by Pivot at any time without notice for any reason whatsoever.

Pivot does not control or endorse the content, messages or information found in any user-generated content, uploaded material, or aggregated content and, therefore, Pivot specifically disclaims any liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material.

You agree to use the services provided by Pivot only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use Pivot in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access, or cause others to access, Piv-ot.com through an interface or in a manner that would interfere with the monetization of Pivot-hosted content or the honoring of copyright licenses attached to Pivot-hosted content. You also agree that you will not access Piv-ot.com from any territory where its contents are illegal. Pivot does not endorse any user-generated content or any opinion, recommendation or advice expressed therein, and Pivot expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Use, Pivot may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

Third Party Sites & Links to Pivot

Piv-ot.com may contain links to other websites and aggregated content that is syndicated from other websites (Linked Sites). The Linked Sites are not under the control of Pivot and Pivot is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Pivot is not respons