{"service":{"name":"Pinterest","url":"https://policy.pinterest.com/en-gb/terms-of-service","lang":"ENG","sector":"Social","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Free","date":"01.05.2018"},"document":{"title":"","text":"Thank you for using Pinterest!\nThese Terms of Service (\"Terms\") govern your access to and use of the\nPinterest website, apps, APIs and widgets (“Pinterest” or the “Service”).\nPlease read these Terms carefully, and contact us if you have any\nquestions. By accessing or using Pinterest, you agree to be bound by\nthese Terms, our Privacy Policy\nPrivacy Policy\nPrivacy Policy\nPrivacy Policy\nPrivacy Policy, our Cookies Policy\nCookies Policy\nCookies Policy\nCookies Policy\nCookies Policy and our Community\nCommunity\nCommunity\nCommunity\nCommunity\nGuidelines\nGuidelines\nGuidelines\nGuidelines\nGuidelines. \nMore simply put\nEvery company has its terms. These are ours.\n1. Our service\nPinterest helps you discover and do what you love. To do that, we show\nyou things we think will be relevant, interesting and personal to you based\non your onsite and offsite activity. To provide our Service, we need to be\nable to identify you and your interests. Some of the things we show you\nare promoted by advertisers. As part of our service, we try to ensure that\neven promoted content is relevant and interesting to you. You can identify\npromoted content because it will be clearly labelled.\nMore simply put\nPinterest helps you discover and do what you love. It’s customised to you.\nWe need to know what you like to make everything on Pinterest relevant\nto you.\n2. Using Pinterest\na. Who can use Pinterest\nYou can only use Pinterest if you can legally form a binding contract with\nPinterest, and only in compliance with these Terms and all applicable\nlaws. When you create your Pinterest account, you must provide us with\naccurate and complete information. You can’t use Pinterest if it would be\nprohibited by US sanctions. Any use or access by anyone under the age\nTerms of Service\n\nof 13 is not allowed. If you’re based in the EEA, you can only use Pinterest\nif you are over the age at which you can provide consent to data\nprocessing under the laws of your country. Using Pinterest may include\ndownloading software to your computer, phone, tablet or other device. You\nagree that we may automatically update that software, and these Terms\nwill apply to any updates.\nb. Our licence to you\nSubject to these Terms and our policies (including our Community\nCommunity\nCommunity\nCommunity\nCommunity\nGuidelines\nGuidelines\nGuidelines\nGuidelines\nGuidelines), we grant you a limited, non-exclusive, non-transferable and\nrevocable licence to use our Service.\nc. Commercial use of Pinterest\nIf you want to use Pinterest for commercial purposes, you must create a\nbusiness account and agree to our Business Terms of Service\nBusiness Terms of Service\nBusiness Terms of Service\nBusiness Terms of Service\nBusiness Terms of Service. If you do\nopen an account for a company, organisation or other entity, \"you\"\nincludes you and that entity, and you promise that you are authorised to\ngrant all permissions and licences provided in these Terms and bind the\nentity to these Terms, and that you agree to these Terms on the entity's\nbehalf.\nMore simply put\nYou cannot use Pinterest if you're under 13 (or older in some countries).\nAlso, if you are using Pinterest for work, you need to set up a business\naccount.\n3. Your content\na. Posting content\nPinterest allows you to post content, including photos, comments, links\nand other materials. Anything that you post or otherwise make available\non Pinterest is referred to as \"User Content\". You retain all rights in, and\nare solely responsible for, the User Content you post to Pinterest.\nMore simply put\nIf you post your content on Pinterest, it still belongs to you.\nb. How Pinterest and other users can use\nyour content\nYou grant Pinterest and our users a non-exclusive, royalty-free,\ntransferable, sublicensable, worldwide licence to use, store, display,\nreproduce, save, modify, create derivative works, perform and distribute\nyour User Content on Pinterest solely for the purposes of operating,\n\ndeveloping, providing and using Pinterest. Nothing in these Terms restricts\nother legal rights Pinterest may have to User Content, for example under\nother licences. We reserve the right to remove or modify User Content, or\nchange the way it’s used in Pinterest, for any reason. This includes User\nContent that we believe violates these Terms, our Community\nCommunity\nCommunity\nCommunity\nCommunity\nGuidelines\nGuidelines\nGuidelines\nGuidelines\nGuidelines or any other policies.\nMore simply put\nIf you post your content on Pinterest, we can show it to people and others\ncan save it. Don't post porn or spam or be rude to other people on\nPinterest. \nc. How long we keep your content for\nFollowing termination or deactivation of your account, or if you remove any\nUser Content from Pinterest, we may keep your User Content for a\nreasonable period of time for backup, archive or audit purposes. Pinterest\nand its users may retain and continue to use, store, display, reproduce,\nsave, modify, create derivative works, perform and distribute any of your\nUser Content that other users have stored or shared on Pinterest.\nMore simply put\nIf you choose to post content, you give us permission to use it to provide\nand improve Pinterest. Copies of content shared with others may remain\neven after you've deleted the content from your account.\n \nd. Feedback you provide\nWe value hearing from our users, and are always interested in learning\nabout ways we can make Pinterest better. If you choose to submit\ncomments, ideas or feedback, you agree that we are free to use them\nwithout any restriction or compensation to you. By accepting your\nsubmission, Pinterest doesn’t waive any rights to use similar or related\nfeedback previously known to Pinterest, or developed by its employees, or\nobtained from sources other than you.\nMore simply put\nWe can use your suggestions to make Pinterest better.\n4. Copyright Policy\nPinterest has adopted and implemented the Pinterest Copyright Policy in\naccordance with the Digital Millennium Copyright Act and other applicable\ncopyright laws. For more information, please read our Copyright Policy\nCopyright Policy\nCopyright Policy\nCopyright Policy\nCopyright Policy. \nMore simply put\nWe respect copyrights. You should too.\n\n5. Security\nWe care about the security of our users. While we work to protect the\nsecurity of your content and account, Pinterest can’t guarantee that\nunauthorised third parties won’t be able to defeat our security measures.\nWe ask that you keep your password secure. Please notify us immediately\nof any compromise or unauthorised use of your account.\nMore simply put\nYou can help us fight spammers by bearing these security tips\nthese security tips\nthese security tips\nthese security tips\nthese security tips in mind.\n6. Third-party links, sites and services\nPinterest may contain links to third-party websites, advertisers, services,\nspecial offers, or other events or activities that are not owned or controlled\nby Pinterest. We don’t endorse or assume any responsibility for any such\nthird-party sites, information, materials, products or services. If you access\nany third-party websites, services or content from Pinterest, you do so at\nyour own risk and you agree that Pinterest has no liability arising from\nyour use of or access to any third-party websites, services or content.\nMore simply put\nPinterest has links to content outside Pinterest. Most of that stuff is great,\nbut we're not responsible when it's not.\n7. Termination\nPinterest may terminate or suspend your right to access or use Pinterest\nfor any reason with appropriate notice. We may terminate or suspend your\naccess immediately and without notice if we have a good reason,\nincluding any violation of our Community Guidelines\nCommunity Guidelines\nCommunity Guidelines\nCommunity Guidelines\nCommunity Guidelines. Upon termination,\nyou will continue to be bound by Sections 3 and 8 of these Terms.\nMore simply put\nPinterest is provided to you free of charge. We reserve the right to refuse\nservice to anyone, but we will be reasonable about it.\n8. Indemnity\nIf you use Pinterest for commercial purposes (i.e. you are not a consumer)\nwithout agreeing to our Business Terms\nBusiness Terms\nBusiness Terms\nBusiness Terms\nBusiness Terms as required by Section 2(c) of\nthese Terms, you agree to indemnify and hold harmless Pinterest Inc,\nPinterest Europe Ltd, their affiliates and their respective officers, directors,\nemployees and agents from and against any claims, suits, proceedings,\n\ndisputes, demands, liabilities, damages, losses, costs and expenses,\nincluding, without limitation, reasonable legal and accounting fees\n(including costs of defence of claims, suits or proceedings brought by third\nparties), in any way related to your access to or use of our Service, your\nUser Content or your breach of any of these Terms.\nMore simply put\nIf we are sued because of something your business does on Pinterest,\nyou will have to pay our costs. Also, you should have created a business\naccount and agreed to our Business Terms\nBusiness Terms\nBusiness Terms\nBusiness Terms\nBusiness Terms in the first place.\n9. Disclaimers\nOur Service and all content on Pinterest is provided on an \"as is\" basis\nwithout warranty of any kind, whether express or implied.\nPinterest specifically disclaims any and all warranties and conditions of\nmerchantability, fitness for a particular purpose and non-infringement, and\nany warranties arising out of course of dealing or usage of trade.\nPinterest takes no responsibility and assumes no liability for any User\nContent that you or any other person or third party posts or sends using\nour Service. You understand and agree that you may be exposed to User\nContent that’s inaccurate, objectionable, inappropriate for children or\notherwise unsuited to your purpose.\nIf you're a consumer in the EEA, we don’t exclude or limit any liability for\ngross negligence, intent, or death or personal injury caused by our\nnegligence or willful misconduct. \n \nMore simply put\nUnfortunately, people post bad stuff on services like Pinterest. We take\nthat kind of thing seriously but you may still run into it before we have a\nchance to take it down. If you see bad stuff, please report it to us here\nhere\nhere\nhere\nhere. \n10. Limitation of liability\nTO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST SHALL\nNOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,\nCONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF\nPROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR\nINDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER\nINTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO,\nUSE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY\nCONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE,\nINCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE\nOR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR\n(C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR\n\nTRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PINTEREST'S\nAGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE\nSERVICE EXCEED ONE HUNDRED US DOLLARS (USD 100.00).\nIf we cause damage to you and you are a consumer in the EEA, the above\ndoes not apply. Instead, Pinterest’s liability will be limited to foreseeable\ndamages arising due to a breach of material contractual obligations typical\nfor this type of contract. Pinterest is not liable for damages that result from\na non-material breach of any other applicable duty of care. This limitation\nof liability will not apply to any statutory liability that cannot be limited, to\nliability for death or personal injury caused by our negligence or wilful\nmisconduct, or if and to exclude our responsibility for something we have\nspecifically promised to you.\n \nMore simply put\nWe are building the best service we can for you, but we can't promise it\nwill be perfect. We're not liable for various things. If you think we are, let's\ntry to work it out like adults.\n11. Arbitration\nFor any dispute you have with Pinterest, you agree to first contact us and\ntry to resolve the dispute with us informally. If we need to contact you, we\nwill do so using the email address on your Pinterest account. If Pinterest\nhas not been able to resolve the dispute with you informally, we each\nagree to resolve any claim, dispute or controversy (excluding claims for\ninjunctive or other equitable relief) arising out of or in connection with or\nrelating to these Terms through binding arbitration or (for qualifying claims)\nin a small claims court.\nArbitration is a more informal way to resolve our disagreements than a\nlawsuit in court. For instance, arbitration uses a neutral arbitrator instead\nof a judge or jury, involves more limited discovery and is subject to very\nlimited review by courts. Although the process is more informal, arbitrators\ncan award the same damages and relief that a court can award. You\nagree that, by agreeing to these Terms of Service, the US Federal\nArbitration Act governs the interpretation and enforcement of this\nprovision, and that you and Pinterest are each waiving the right to a trial\nby jury or to participate in a class action. The arbitrator has exclusive\nauthority to resolve any dispute relating to the interpretation, applicability\nor enforceability of this binding arbitration agreement. This arbitration\nprovision shall survive termination of this Agreement and the termination\nof your Pinterest account.\nAny arbitration will be administered by the American Arbitration\nAssociation (\"AAA\") under the Consumer Arbitration Rules then in effect\nfor the AAA, except as provided herein. You can find their forms\nat www.adr.org\nwww.adr.org\nwww.adr.org\nwww.adr.org\nwww.adr.org. Unless you and Pinterest agree otherwise, the arbitration\nwill be conducted in the county (or parish) where you reside. Each party\nwill be responsible for paying any AAA filing, administrative and arbitrator\nfees in accordance with AAA rules, except that Pinterest will pay for your\nreasonable filing, administrative and arbitrator fees if your claim for\n\ndamages does not exceed $75,000 and is non-frivolous (as measured by\nthe standards set forth in Federal Rule of Civil Procedure 11(b)). If your\nclaim is for $10,000 or less, we agree that you may choose whether the\narbitration will be conducted solely on the basis of documents submitted to\nthe arbitrator, or through a telephone hearing or in-person hearing as\nestablished by the AAA rules. If your claim exceeds $10,000, the right to a\nhearing will be determined by the AAA rules. Regardless of the manner in\nwhich the arbitration is conducted, the arbitrator shall issue a reasoned\nwritten decision explaining the essential findings and conclusions on which\nthe award is based, and any judgement on the award rendered by the\narbitrator may be entered in any court of competent jurisdiction. Nothing in\nthis Section shall prevent either party from seeking injunctive or other\nequitable relief from the courts, including for matters related to data\nsecurity, intellectual property or unauthorised access to the Service. ALL\nCLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL\nCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY\nPURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND,\nUNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT\nCONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE\nTHAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST\nARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO\nPARTICIPATE IN A CLASS ACTION.\nNOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-\nWAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent\nthat any claim, dispute or controversy regarding Pinterest or our Service is\nnot arbitrable under applicable laws or otherwise, you and Pinterest both\nagree that any claim or dispute regarding Pinterest will be resolved\nexclusively in accordance with Section 12 of these Terms.\nIf you are a consumer in the EEA, Section 11 does not apply to you. \n \n12. Governing law and jurisdiction\nThese Terms shall be governed by the laws of the State of California,\nwithout respect to its conflict of laws principles. If you are not a consumer\nin the EEA, the exclusive place of jurisdiction for all disputes arising from\nor in connection with this agreement is San Francisco County, California or\nthe United States District Court for the Northern District of California, and\nour dispute will be determined under California law.\nIf you are a consumer in the EEA, this will not deprive you of any\nprotection you have under the law of the country where you live and\naccess to the courts in that country. \n \nMore simply put\nThe Bay Area is beautiful at this time of year. It doesn't matter what time of\nyear it is – that is what is so great! Anyway, you will have to sue us here. \n\nIn the EEA, this applies if you're a merchant, but not if you're a consumer.\nIf you are a consumer in the EEA, you can sue us in your home courts.\n \n13. General terms\nNotification procedures and changes to these\nTerms\nWe reserve the right to determine the form and means of providing you\nwith notifications, and you agree to receive legal notices electronically if\nthat is what we decide. We may revise these Terms from time to time; the\nmost current version will always be posted on our website. If a revision, in\nour discretion, is material, we will notify you. By continuing to access or\nuse Pinterest once revisions have become effective, you agree to be\nbound by the new Terms. If you do not agree to the new Terms, please\nstop using Pinterest.\nMore simply put\nIf we are making a big change to the Terms, we will let you know. If you do\nnot like the new Terms, please stop using Pinterest.\nAssignment\nThese Terms, and any rights and licences granted hereunder, may not be\ntransferred or assigned by you, but may be assigned by Pinterest without\nrestriction. Any attempted transfer or assignment in violation hereof shall\nbe null and void.\nIf you’re a consumer in the EEA, either you or Pinterest may assign this\nagreement, and any rights and licences granted under it, to a third party. In\ncase of such an assignment by Pinterest, you are entitled to terminate the\nagreement with immediate effect by deactivating your account. Pinterest\nwill provide you with reasonable notice of any such assignment.\nEntire agreement/severability\nThese Terms, together with the Privacy Policy and any amendments and\nadditional agreements you may enter into with Pinterest, shall constitute\nthe entire agreement between you and Pinterest concerning the Service. If\nany provision of these Terms is deemed invalid, that provision will be\nlimited or eliminated to the minimum extent necessary, and the remaining\nprovisions of these Terms will remain in full force and effect.\nNo waiver\n\nNo waiver of any term of these Terms shall be deemed a further or\ncontinuing waiver of such term or any other term, and Pinterest's failure to\nassert any right or provision under these Terms shall not constitute a\nwaiver of such right or provision.\nParties\nIf you live in the United States, these Terms are a contract between you\nand Pinterest Inc., 651 Brannan Street, San Francisco, CA 94103, USA. If\nyou live outside the United States, these Terms are a contract between\nyou and Pinterest Europe Ltd., an Irish company with its registered office\nat Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.\nMore simply put\nWho you deal with depends on where you live.\nEffective 1 May 2018\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}