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Terms & Conditions

WHO WE ARE – Our Mission

Welcome to Pinerary! Our mission is to inspire and bring people together to dream and share their travel experiences in a space that cares for the world we live in. To ensure that we can fulfill our mission in a safe and authentic way, your use of this website and/or creation of a Pinerary account constitutes your agreement to all of the following Terms of Use. Please read this Terms of Use carefully prior to using our service.

Our Terms of Use were last updated on April 1, 2024.

ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A PROVISION REQUIRING THAT DISPUTES BETWEEN YOU AND US THAT ARE NOT ABLE TO BE RESOLVED INFORMALLY BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. THIS IS DESCRIBED IN MORE DETAIL BELOW INCLUDING HOW YOU CAN OPT OUT OF ARBITRATION.

DEFINITIONS

The words of which the initial letter is capitalized have the meanings defined below regardless of whether the words appear in the singular or in plural.

  • "Affiliate"means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • "Account"means a unique account created for You to access our Service or parts of our Service.
  • "Company"(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pinerary Inc.
  • "Content"refers to content such as text, images, videos, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
  • "Service"refers to the Website.
  • "Terms"means these Terms of Use that form the entire agreement between You and the Company regarding use of the Service.
  • "Third-party Social Media Service"means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, linked or otherwise made available by the Service.
  • "Website"refers to www.pinerary.com.
  • "You"means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

YOUR ACKNOWLEDGMENT

These are the Terms governing the use of this Service and the effective agreement between You and the Company. These Terms explain the Service, the permitted uses, prohibited uses, and Our and Your rights and obligations in regard to use of the Service.

Your acceptance of and compliance with these Terms is required in order to access or use, or continue to access or use, the Service. Your use of the Service, means You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not use the Service.

Providing the Service requires collecting and using Your personal information. You must agree to, and be in compliance with, Our Privacy Policy in order to use the Service. Our Privacy Policy describes Our collection, use and disclosure of Your personal information when You use the Service. Please read Our Privacy Policy carefully before using Our Service.

WHAT WE DO – Description of the Service

We agree to provide You access to Our Service, which includes the following aspects:

  • (i) Offering personalized opportunities to create, connect, communicate, discover and share travel experiences and itineraries. We offer You different types of Accounts and features to help You learn, plan your travel, create, share, grow Your presence (for Travel Professionals) and communicate with people. Because We also want to strengthen Your relationships through shared experiences that You actually care about, Our Service incorporates systems to understand who and what You and others care about, and We use that information to help you learn, create, plan, find, join and share travel and other experiences that matter to You. To achieve that, We may highlight content, features, offers and itineraries that You might be interested in, and offer ways for You to experience Our Service, based on things that You and others do on and off Our Service.
  • (ii) Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to Our users that help to make their experiences positive and inclusive. We monitor user postings, submissions and comments to combat abuse and violations of our Terms and Privacy Policy, as well as harmful and deceptive behavior. We use all the information We have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement as applicable. Learn more in the Privacy Policy.
  • (iii) Developing and using technologies that help us grow and further our mission. Organizing and expanding information and resources for Our users is central to our Service. To do this, We create and use technologies which help us personalize, protect, and improve Our Service for a broad global community. Automated technologies help us ensure the functionality, integrity and expansion of our Service. We use the information We have to make our Service better and improve the experience of Our users.

HOW WE DO IT

Our Service is available to the broad global community, which enriches the experience of Our users, so that travel experiences can be shared from every perspective and from every location. To do this, We must store and transfer data across our systems around the world, including outside of Your country of residence. The use of this global infrastructure is necessary and essential to provide Our Service. We use data from Our Service, as well as from Third-Party-Social Media Services, to show You ads, offers, and other sponsored content that We believe will be meaningful to You. And We try to make that content as relevant as all your other experiences with Our Service.

Instead of paying to use the Service, by using the Service governed by these Terms, You acknowledge that We can show You Third-Party Social Media content that We may be paid to promote. We may use Your personal data, such as information about Your activity and interests, to show You ads that are more relevant to You, but We do not sell your personal data to advertisers. We allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads. We then show their ad to users who might be interested.
We may also provide advertisers with reports about the performance of their ads in terms of demographics. We do not provide any personal information that would identify You. Please see our Privacy Policy for additional information.

WHAT YOU CAN DO – Permitted Uses & Content

We want Our Service to continue to be an authentic and safe place for travel inspiration and expression. Our Service is intended to reflect a diverse community. Help Us foster this community amongst Our users by being aware of, and in compliance with, the permitted uses at all times. Violations of the permitted uses, or any other provision of the Terms, may result in deleted content, disabled Accounts, or other restrictions.

  • Content. Our Service allows You to post Content. When you post Content, You represent and warrant that:

    • (i) You are at least 18 years old;
    • (ii) You do not have a previous Account with Us that was terminated, revoked, restricted or disabled by Us;
    • (iii) You are You and You are not impersonating someone or something you aren't or creating an Account in someone else's name without their express permission;
    • (iv) The Content is Yours--You own it or You have the right to use and share it. We ask that You only post authentic content;
    • (v) The posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
    • (vi) The Content is appropriate for a diverse audience and does not contain nudity of any kind. The only exception is nudity in photos of paintings or sculptures that are related to a travel itinerary. Note that for safety reasons, at Our discretion We may remove Content that shows nude or partially nude children, regardless of whether it is shared with good intentions or part of a travel itinerary.
    • (vii) The Content does not glorify self-injury or depict harm to humans, animals or the environment.
    • (viii) The Content does not contain hate speech, threats, or attack any individual or group on the basis of their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases.

    You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

    By posting Content to the Service, You grant Us the right and license to use, modify, depict, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

  • User Name & Contact Information. You don't have to use your real name as your username when You create an Account with Us, but You must provide Us information that is accurate, complete, and current at all times. Failure to do so may result in immediate termination of Your Account on Our Service.

  • Password. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You must notify Us immediately upon becoming aware of any breach or unauthorized use of Your Account.

  • Feedback and Suggestions. We welcome Your feedback, innovations or suggestions regarding the attributes, performance, content, information, or features of Our Service and We may use them at Our sole discretion and without restriction. This means that if You give us feedback or suggestions, You assign all rights, title and interest in such feedback to the Company without compensation or any obligation to keep them confidential.

  • Reporting. Help Us continue to foster a safe and authentic platform by contacting US directly at hello@pinerary.com if You see something posted that violates these Terms or Our Privacy Policy. If You see one of your photos or videos posted by someone else, email info@pinerary.com and We can remove the copyrighted or trademarked Content. You do not have to have an Account with Us to make a report. If You do report something, please provide as much information as possible such as usernames, trip names, links and descriptions of the Content so that We can investigate and at Our sole discretion remove any Content as quickly as possible that does not comply with Our policies.

  • Termination by You. If You wish to terminate Your Account, You can simply discontinue using the Service, at which time the provisions of these Terms regarding use of Our Service will terminate, except that all provisions regarding limitations of liability, dispute resolution, indemnification and enforceability shall continue to be in full force.

  • Removal of Content by You. If You wish to delete your Content, You must inform us at info@pinerary.com and We will begin the process to permanently delete your Account and any backups of that Content. You acknowledge and agree that the deletion process may take time to accomplish and that while it is pending, Your Content remains subject to these Terms and our Privacy Policy. The deletion process may be affected by technical limitations of Our systems, investigation of unlawful activity, violations of Our Terms or policies, compliance with requests or orders of court, administrative or government agency, or preservation of evidence. In such case, the Content will be retained no longer than necessary for the purpose for which it has been retained, to be determined on a case- by- case basis. Once the deletion process is completed, the provisions of these Terms regarding use of Our Service will terminate, except that all provisions regarding limitations of liability, dispute resolution, indemnification and enforceability shall continue to be in full force. You further acknowledge and agree that the Company is not responsible for deleting any of Your Content that has been used by others in accordance with this license and Terms and that those persons have not deleted the Content.

WHAT YOU CAN'T DO – Unpermitted Uses & Restrictions

In order for Us to fulfill Our commitment to fostering a positive and respectful community amongst our users, the following unpermitted uses are prohibited. Any unpermitted use of the Service is a violation of these Terms and may result in deleted content, disabled Accounts, or other restrictions.

  1. (i) You may not use a username that is the name of another person or entity, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, a domain name or URL without Our permission, or a name that is otherwise offensive, vulgar or obscene.
  2. (ii) You may not impersonate any person or entity including the Company and its employees or representatives without their express permission.
  3. (iii) You may not post Content that is compensated, Not yours or otherwise infringes on any proprietary rights of any party, unless You have permission or authorization.
  4. (iv) You cannot transfer or assign Your rights or obligations under these Terms without Our express consent.
  5. (v) You may not post Content that contains nudity of any kind. The only exception is nudity in photos of paintings or sculptures that are related to a travel itinerary. Note that for safety reasons, at Our discretion We may remove Content that shows nude or partially nude children, regardless of whether it is shared with good intentions or part of a travel itinerary.
  6. (vi) You may not artificially collect likes, followers, or shares, post repetitive Content, or contact other users for commercial purposes without their consent.
  7. (vii) You may not post Content that engages in, promotes, encourages, facilitates, or admits to the offering, solicitation or trade of fake and misleading user reviews or ratings.
  8. (viii) You may not sell, license, or purchase any Account or data obtained from Us or Our Service. This includes attempts to buy, sell, or transfer any aspect of Your Account (username, login credentials, passwords, Content and the like) or the Accounts of other users.
  9. (ix) You may not modify, translate, create derivative works of, or reverse engineer, Our Service or products or their components.
  10. (x) You may not post or transmit any Content that is: unlawful, offensive, upsetting, violent, intended to disgust or harass, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
    • - Content that is harmful, unethical, depicts harm, or threatens harm to individuals, children, groups, animals, or the environment (including but not limited to physical harm, sexual harm, financial harm, theft, vandalism and poaching).
    • - Content which offers sexual services, to buy or sell firearms, alcohol, tobacco products, non-medical or pharmaceutical drugs.
    • - Content which is defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, gender identity, national/ethnic origin, or other targeted groups;
    • - Content which is spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, or any form of lottery or gambling.;
    • - Content which contains or installs any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, interfere with, or limit the functioning or operation of the Service or obtain unauthorized access to any data or other information of a third person.
    • - Content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, repeated unwanted messages or that violates or threatens to violate their privacy or confidentiality.
    • - Content that is false, inaccurate, misleading or fraudulent information and features.

The Company reserves the right, but not the obligation, to determine in its sole discretion whether or not any Content violates these Terms, and to refuse, modify, delete or remove such Content. The Company further reserves the right, in its sole discretion, to make formatting, edits, presentation adjustments, and change any Content. The Company can also restrict or terminate the use of the Service if You post objectionable Content.

WHAT WE CAN'T PROMISE – Things Outside Of Our Control & Your Assumption of Risk

  • Content. You are responsible for the Content You post. While We make every effort to fulfill Our commitment to providing a safe and authentic space for travel inspiration and sharing, We cannot control all Content posted by users and/or third parties on the Service. So when You use Our Service, You agree to use the Service at Your own risk, which means You understand that You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that the Company is not and will not be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of or reliance on any Content.
  • Website Links/Services. Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company cannot control the Content, policies or practices of any thirdparty websites or services and assumes no responsibility for same. When you use Our Service, You agree that the Company shall not be liable, directly or indirectly, for any damage or loss, arising out of or in connection with the use of, or reliance on any such Content, goods or services available on or through any such third party websites or services. Your use of third-party websites or services are governed by the terms and conditions and privacy policies of those third parties. We strongly advise You to read them.
  • Accuracies and Availabilities. We review and update the Content and links posted on Our Service as quickly as We can, but We may experience delays in updating or correcting information posted by users or third-party product or service providers. As a result, some information may be described inaccurately, unavailable or mispriced. We cannot and do not guarantee the accuracy or completeness of any information, including prices, images, specifications, availability, and services.
  • Loss of Content. The Company will perform regular backups of the website and Content but the Company cannot and does not guarantee there will be no corruption or loss of data, whether the Content is corrupted prior to or during the backup. We will provide support and attempt to troubleshoot any issues that may affect the backup of Content, but You agree that it is Your responsibility to maintain a copy of your Content outside of Our Service and that the Company has no liability for the integrity or restoration of the Content.
  • Functionality. Our service may need to undergo technical troubleshooting, maintenance and updating for optimal performance. The Company cannot and does not guarantee there will be no interruption in use of and access to the Service. We have technical support and will attempt to streamline maintenance and updating and troubleshoot any issues that may arise in order to minimize interruption to use of the Service.

WHAT WE CAN DO – Our Rights

  • Reporting. We may work with law enforcement, or any other agency as applicable, when We believe there is unlawful Content, conduct, physical harm or threat to safety.
  • Use of Information. The Company retains the right to use Your username, profile picture, and information about Your actions in connection with Accounts ads, offers and other sponsored content that You follow or engage with that are displayed on the Service without any compensation to You.
  • Change of Username. The Company may in its sole discretion change a username if it determines that the username infringes on someone else's intellectual property, impersonates another user, or otherwise violates these Terms.
  • Removal of Content by Us. We can remove or block any Content or information You share on the Service, at Our sole discretion, if We believe it violates or is otherwise not in compliance with these Terms, Our policies, or We are permitted or required to do so by law. We can change, terminate or refuse to provide or stop providing all or part of the Service to You immediately, in Our sole discretion, if We believe such action is necessary to protect Our users or services, or if You create risk or legal exposure for the Company.
  • Termination by Us. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You violate these Terms. Upon termination, Your right to use the Service will cease immediately. If You believe We have terminated your Account in error, you can contact us at info@pinerary.com, and Our team will review the termination and restore Your Account if appropriate.
  • Assignment & Transfer. Our rights and obligations can be transferred or assigned to others, including but not limited to, in the event of merger, acquisition or sale of assets.
  • Affiliates & Third-Parties. Our past, present and future Affiliates and agents, can invoke Our rights under these Terms in the event they become involved in a dispute. No rights are given to any other third parties.
  • Changes to Terms or Privacy Policy. We reserve the right, at Our sole discretion, to modify, update, or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect so that you have an opportunity to review them. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you can delete Your Account and stop using the Service.

    We reserve the right to change or update Content and information and to correct errors, inaccuracies, or omissions at any time without prior notice.

  • Intellectual Property – Ours and Others. We respect intellectual property rights. The Service and its original content (excluding Content provided by You or other users), trademarks, features, systems, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United states and foreign countries. Our intellectual property may not be used in connection with any product or service without the prior written consent of the Company. When it comes to others, We will respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. Please report any incidence to us at info@pinerary.com so that the Company can at its sole discretion take action as appropriate, including removal of the Content that has a copyright or trademark.

WHO IS RESPONSIBLE – Our Disclaimer & Limited Liability

  • Disclaimer. The Service is provided to You "AS IS" and "AS AVAILABLE", with all faults and defects, and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly DISCLAIMS ALL WARRANTIES, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, express or implied, that the Service will meet Your requirements, achieve any intended results, operate without interruption, meet any performance or reliability standards, provide accurate, reliable or the most current Content and information, provide available products or services, be error, interruption or virus free, or that any errors, interruptions or defects can or will be corrected.
  • Liability. We can't control what You or others do or say, so We are not responsible for their or Your actions or conduct (whether online or offline) or Content (including unlawful or objectionable Content). We also aren't responsible for services and features offered by other people or companies if you access them through Our Service.

    To the maximum extent permitted by applicable law, in no event shall the Company or its Affiliates be liable for any special, incidental, indirect, or consequential (including but not limited to, damages for loss of profits or revenue, loss of data or other information, for business interruption, for personal injury, or loss of privacy), exemplary, or punitive damages arising out of these Terms even if the Company knew about them and even if the remedy fails of its essential purpose. This includes when We delete Your Content, information or Account.

    Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by You to the Company over the past 12 months or 100 USD.

  • Indemnification. You agree to defend, indemnify and hold Us harmless from and against any claims, liabilities, loss, damages and expenses, including without limitation reasonable attorney's fees and costs arising out of or in any way connected with these Terms or Your use of the Service. You will cooperate as required by Us in the defense of any claim and We reserve the right to assume the exclusive defense and control of any matter that is subject to this indemnification. You agree that You will not settle any claim pursuant to this indemnification without Our prior written consent.

WHAT HAPPENS IF THERE IS DISPUTE – Arbitration Provisions & Opt Out

Except as provided below, You and We agree that any cause of action, legal claim, or dispute between You and Us arising out of or related to these Terms and Conditions or Your use of the Service ("claim(s)") must be resolved by arbitration on an individual basis. This means that You agree that class actions and class arbitrations are not permitted and you cannot seek relief that would affect other Service users. If there is a final judicial determination that any particular claim or a request for particular relief cannot be arbitrated in accordance with this provision's limitations, then only that claim or only that request for relief may be brought in court. All other claims or requests for relief remain subject to this provision.

  • Informal Resolution. Many disputes and misunderstandings can be resolved by contacting the Company directly at info@pinerary.com. If You have any concern or dispute about the Service, or Our Terms, You agree to try to first resolve the dispute informally by contacting the Company and providing us with a written Notice of Dispute that includes Your name, residence address, username for Your Account, email address and phone number, a detailed description of the dispute and the relief You seek. Any Notice of Dispute should be emailed to info@pinerary.com and mailed to 736 N. Western Ave. #133, Lake Forest, IL 60045. You further agree that if We have a dispute with You, We will first send You a Notice of Dispute to the email and/or mailing address associated with Your Account. If We are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, You or We may commence arbitration or a small claims lawsuit as provided below.
  • Small Claims Court. Instead of using arbitration, You or We can bring claims in your local "small claims" court, if the rules of that court will allow it. If You don't bring your claims in small claims court, or if You or We appeal a small claims court judgment to a court of general jurisdiction, then the claims must be resolved by binding, individual arbitration.
  • Arbitration. This provision is governed by the Federal Arbitration Act. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and We expressly waive a trial by jury. Before You commence arbitration of a claim, You must provide Us with a written Notice of Dispute that includes Your name, residence address, username for Your Account, email address and phone number, a detailed description of the dispute, and the relief You seek. Any Notice of Dispute You send to Us should be emailed to info@pinerary.com and mailed to 736 N. Western Ave. #133, Lake Forest, IL., 60045. Before We commence arbitration, We will send you a Notice of Dispute to the email address You use with Your Pinerary Account, or other appropriate means.
  • Exceptions. The following claims don't have to be arbitrated and may be brought in court: intellectual property disputes, violations or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways) and issues relating to the scope and enforceability of these arbitration provisions. For any claim that is not arbitrated or resolved in small claims court, You agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Illinois or a state court located in Lake County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
  • Opt Out. You can opt out of the binding arbitration provision within 30 days of the date that You agreed to these Terms by sending Your name, residence address, username for Your Account, email address and phone number, along with a statement indicating in clear terms that You want to opt out of this arbitration agreement, to US at: info@pinerary .com and mailed to 736 N. Western Ave. #133, Lake Forest, IL., 60045.
  • Choice of Law. The laws of the State of Delaware, to the extent not preempted by or inconsistent with federal law, will govern these Terms, without regard to conflict of law provisions.

SEVERABILITY & WAIVER

If any provision of these Terms is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

  • Waiver. Only the Company or its Affiliates may amend these Terms. Any waiver of these Terms must be in writing and signed by Us. Any failure on Our part to exercise a right or to require performance of an obligation under these Terms shall not constitute a waiver of a breach nor any subsequent breach.

TRANSFER & ASSIGNMENT

Our past, present and future affiliates and agents, can invoke our rights under these Terms and Conditions in the event they become involved in a dispute. No rights are given to any other third parties.

You cannot transfer or assign your rights or obligations under these Terms and Conditions without Our express consent.

Our rights and obligations can be assigned to others, such as in the event of merger, acquisition or sale of assets.