Welcome to the Terms of Service Agreement (TOS) for
PimpMyZwinky, FlashyCodes, SearchCoolThings, and SquarePeeps
from dynamicGlobal (dG). This
agreement describes the terms on which you may access and use our
services. In any area where this document refers to PimpMyZwinky, this should be read as referring to
the PimpMyZwinky service as well as referring to all of the related services,
including but not limited to: FlashyCodes, SearchCoolThings, and SquarePeeps.
In order to become a PimpMyZwinky
user, you must read and accept all of the terms and conditions of this
confer any third-party rights or benefits.
If you do not agree to be bound by the terms of this Agreement, you may
not use nor access our services.
We reserve the right to modify this Agreement at any time,
and without prior notice, by posting amended terms on this website. Your continued use of the PimpMyZwinky
service indicates your acceptance of the amended TOS.
Description of Service
PimpMyZwinky is an online service offered to enable people to save, share, search,
and collect public HTML codes that they can use for their own purposes (the "PimpMyZwinky
Service"). These codes are often
subsequently used to decorate personal web pages, or profile pages in social
networking sites. PimpMyZwinky does not
host any content, apart from files necessary to provide the PimpMyZwinky
service itself. PimpMyZwinky displays
preview displays that simulate what a code may look like if and when a user
decides to use the code on any personal web pages or profile pages in
social networking sites.
Portions of the PimpMyZwinky Service are available to the general public,
however certain portions, and certain features may not available to minors
under the age of 13 or to any users suspended or removed from the system by
dG for any reason. These
certain features that are not available to minors under the age of 13 include,
but are not limited to, the ability to post codes for public use, and the
ability to maintain a profile which may contain personal information. Users may not have more than one active
account. Additionally, users are
prohibited from selling, trading, or otherwise transferring your PimpMyZwinky
account to another party. If you do not
qualify, you may not use the PimpMyZwinky Service.
Use of Service
Your use of the PimpMyZwinky Service is governed by this TOS. dG may refuse service without
prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of
your password and account, and are fully responsible for all activities that
occur under your password or account with or without your knowledge. If you knowingly provide your login and
password information to another person, your account privileges may be
suspended temporarily or terminated.
You agree to immediately notify dG of any unauthorized use of
your password or account or any other breach of security. dG cannot and will not be liable
for any loss or damage arising from your failure to comply with this section.
You agree that dG may, with or without cause, immediately terminate
your PimpMyZwinky account and access to the PimpMyZwinky Service without prior
notice. Without limiting the foregoing,
the following will lead to a termination by dG of a user's use of the
PimpMyZwinky Service (a) breaches or violations of this TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your PimpMyZwinky account
includes removal of access to all offerings within the PimpMyZwinky Service and
may also bar you from further use of the PimpMyZwinky Service. Furthermore, you agree that all terminations
shall be made in dG's sole discretion and that dG shall not
be liable to you nor any third-party for any termination of your account or
access to the PimpMyZwinky Service.
You understand and agree not to use PimpMyZwinky to:
Information Provided on this Website
In the course of using the PimpMyZwinky Service, users may provide information
to learn more about information collected on this website). You understand that by posting materials on
the PimpMyZwinky website or otherwise providing materials to PimpMyZwinky, you
are granting to dG a royalty-free, perpetual, irrevocable license
to use this information in the course of offering the PimpMyZwinky
service. Furthermore, you understand
that dG retains the right to reformat, excerpt, or translate any
materials submitted by you. You
understand that all information publicly posted or privately transmitted
through the PimpMyZwinky Service is the sole responsibility of the person from
which such content originated and that dG will not be liable for any
errors or omissions in any content. You
understand that dG cannot guarantee the identity of any other users
with whom you may interact in the course of using the PimpMyZwinky
Service. Additionally, we cannot
guarantee the authenticity of any data which users may provide about themselves
or relationships they may describe.
Recognizing the global nature of the Internet, you agree to comply with all
applicable local rules including but not limited to rules regarding online
conduct and acceptable content.
Specifically, 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.
Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or
"spider" any web pages contained in the PimpMyZwinky website is strictly
prohibited. You agree not to monitor or
copy, or allow others to monitor or copy, our web pages or the content included
herein. You also agree not to "frame"
or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any
action that interferes with the proper working of or places an unreasonable
load on our infrastructure, including but not limited to unsolicited
communications, attempts to gain unauthorized access, or transmission or
activation of computer viruses.
In the course of providing you services, dG may need to communicate
to learn more about communications).
You agree to receive emails which are specific to your account and
necessary for the normal functioning of the PimpMyZwinky Service, including a
series of five or more welcome emails which help inform new users about various
features of the PimpMyZwinky Service.
You also agree to have your name and/or email address listed in the
header of certain communications which you initiate through the PimpMyZwinky
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the
PimpMyZwinky Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or
actively monitor content we don't guarantee its accuracy, integrity or
quality. Because community standards
vary and individuals sometimes choose not to comply with our policies and
practices, in the process of using our website, you may be exposed to content
that you find offensive or objectionable.
You can contact our Customer Service Department to let us know of
content that you find objectionable. We
may investigate the complaints and violations of our policies that come to our
attention and may take any action that we believe is appropriate, including,
but not limited to issuing warnings, removing the content or terminating
accounts and/or subscriptions. However,
because situations and interpretations vary, we also reserve the right not to
take any action. Under no circumstances
will we be liable in any way for any content, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of, access to, or denial of access to any
content on the website.
Signing up for a basic PimpMyZwinky account is free. Certain other services are provided for free only to beta
users. dG reserves the right
to charge for the PimpMyZwinky Service or any portion thereof, modify the
pricing of, add to, or discontinue the PimpMyZwinky Service or any portion
thereof without prior notice.
By accepting this TOS, you agree to indemnify and otherwise hold harmless
dG, its officers, employees, agents, subsidiaries, affiliates and
other partners from any direct, indirect, incidental, special, consequential or
exemplary damages resulting from i) your use of the PimpMyZwinky Service; ii)
unauthorized access to or alteration of your communications with or through the
PimpMyZwinky Service, or iii) any other matter relating to the PimpMyZwinky
Service. Any transactions which may
arise between users from their use of PimpMyZwinky are the sole responsibility
of the users involved.
Without limitation of the terms and conditions set forth in
personally identifiable information if required to do so by law or in the good
faith belief that such disclosure is reasonably necessary to comply with legal
process, enforce this TOS, or protect the rights, property, or safety of
PimpMyZwinky, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE PIMPMYZWINKY SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS AND THAT dG DOES NOT ASSUME ANY
RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER
INFORMATION OR COMMUNICATIONS BETWEEN USERS.
dG ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF
ANY COMMUNICATIONS BETWEEN USERS.
dG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
dG MAKES NO WARRANTY THAT (i) THE PIMPMYZWINKY
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PIMPMYZWINKY SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE PIMPMYZWINKY SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE PIMPMYZWINKY SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE PIMPMYZWINKY SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM dG OR THROUGH OR FROM THE PIMPMYZWINKY SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
The TOS constitutes the entire agreement between you and dG and governs
your use of the PimpMyZwinky Service, superseding any prior agreements between
you and dG.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT dG SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF dG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IN NO EVENT WILL dG'S
TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
The TOS between you and dG will be governed by and construed in
accordance with the laws of the State of Florida without regard to conflict of
PimpMyZwinky, the PimpMyZwinky logo, and other PimpMyZwinky logos, artwork, and names,
SearchCoolThings, the SearchCoolThings logo, and other SearchCoolThings logos, artwork, and names,
SquarePeeps, the SquarePeeps logo, and other SquarePeeps logos, artwork, and names,
FlashyCodes, the FlashyCodes logo, and other FlashyCodes logos, artwork, and names, are all
are trademarks of dG. You agree
not to display or use these trademarks in any manner without dG's
prior, written permission. The section
titles of this TOS are displayed for convenience only and have no legal
effect. Please send any questions or
comments, or report violations of the TOS to:
Updated: December 22, 2006 - Created
Updated: December 26, 2006 - Language in "Description of Service"
Updated: September 30, 2007 - New domains
Updated: December 6, 2009 - Domain changes