PsHint User Agreement

SCOPE

psHint.com's Member Agreement (referred to herein as "Agreement" or "Member Agreement") comprises our Privacy Policy which illustrates what we do with your data.
Whether you are using psHint.com as an individual or on behalf of a company, organization, government, or other legal entity, by clicking "Agree & Register" or similar, registering, accessing or using our services (defined below), you are agreeing to enter into a legally binding contract with psHint.com and its parent company, Happometer Corporation, which may be collectively referred to herein as "we" and "us."
You must be at least 13 years old to use psHint.com
This Agreement applies to psHint.com and psHint-branded apps, sites, communications and any services that state that they are offered under this Agreement ("Services").
You agree that we may assign, without your consent, this Agreement to our affiliates or a party that acquires us.
If you do not agree to this Agreement, do not click "Agree & Register" (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this Agreement, at any time you can do so by closing your account and no longer accessing or using our services.

YOUR ACCOUNT & MEMBER PROFILE ON PSHINT.COM

Your account solely belongs to you, even if any of our Services were purchased by another party for you to use (e.g. your employer).
As an account holder on psHint.com, you agree to use a strong account password and keep it confidential.
We reserve the right to restrict, suspend, or terminate your account if you breach this Agreement or the law or are misusing the Services.
You agree that recipients of your psHints may rate your hinter profile based on various rating criteria that we specify in the Services.
You agree that we will show the rating scores of your profile to recipients of your original psHints.

CONTENT ON THE SERVICES

You agree to maintain an honest and dignified exchange between you and the recipients of your psHints and replies.
Our software algorithm and profanity filter try to the extent possible to block slurs and hurtful, offensive, or curse words in messages.
However we do not guarantee that slurs and hurtful, offensive, or curse words, expressions, or connotations are fully caught by our software algorithm.
We provide features in the Services to allow you to block someone from sending future psHints and replies to you.
You are responsible for your use of the Services and for any content you provide in your psHints and replies, including compliance with applicable laws, rules, and regulations.
You should only provide content that you are comfortable sharing with others.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services.
You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
All content is the sole responsibility of the person who originated such content.
We may not monitor or control the content posted via the Services, and we cannot take responsibility for such content.

NOTIFICATIONS

When you receive a new psHint or a new reply or a reminder, you agree that we will notify you within the Services, and/or via the contact information you provided us (e.g. email, mobile number).

YOUR LICENSE TO PSHINT.COM

As for feedback and suggestions to us regarding our Services, when submitting them you agree that we can use and/or share such feedback for any purpose without compensation to you.
As for your hints and your replies to other members of psHint.com, you own the content and information that you submit or post to the Services.
You grant to us the following non-exclusive license:

A worldwide, transferable and sublicensable right to process information and content that you provide through our Services for the purpose of managing and backing up our databases, making format changes to your content (e.g. size and layout) and fulfilling our stated mission.
You can end this license by deleting such content from the Services, or generally by closing your account, except to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it outside our Services.
We will not share your content with the general public.
We will not include your content in advertisements for the products and services of third parties.
However, we have the right, without payment to you or others, to serve ads near your content and information.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others within or outside psHint.com.

AVAILABILITY OF SERVICES

psHint.com is not a storage service.
We may change, suspend, or discontinue any of our Services.
We may also modify prices of any parts of our Services effective prospectively at any time.
We don’t promise to store or keep showing any information and content that you’ve posted.
You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

We reserve all intellectual property rights in the Services.
Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
psHint and "ps" logos and graphics are trademarks or registered trademarks of psHint.com and/or Happometer Corporation.

CHANGES TO THIS AGREEMENT

From time to time we may modify this Agreement and the Privacy Policy that it comprises.
If we change the Agreement, we will inform you through our Services, or by other means, about such changes which cannot be retroactive.
If you object to any changes, you may close your account on psHint.com. Your continued use of our Services after we change the terms of this Agreement means that you are consenting to the updated terms as of their effective date.

DISCLAIMERS AND LIMIT OF LIABILITY

We make no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free, and provide the Services (including content and information) on an "as is" and "as available" basis.
To the fullest extent permitted under applicable law, we disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.
To the fullest extent permitted by law (and unless psHint.com has entered into a separate written agreement that overrides this Agreement), we will not be liable in connection with this Agreement for lost profits or lost business opportunities, reputation (e.g. offensive or defamatory statements), loss of data (e.g. down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.
We will not be liable to you in connection with this Agreement for any amount that exceeds the total fees paid or payable by you to us for the Services during the term of this Agreement, if any.

TERMINATION

Both you and us may terminate this Agreement at any time with notice to the other.
On termination, you lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your suggestions and feedback to us.
Other members and/or visitors' rights to further re-share content and information you shared with them through the Services.
All clauses in this Agreement related to governing laws and dispute resolution.

PSHINT.COM "DOs"

You agree to:

Create psHints to help yourself and others make the real contribution that they can.
Maintain a positive approach to "hinting" and reframe your messages positively to encourage acceptance and potential replies.
Write persuasively and compassionately to the intended recipients.
Create genuine psHints to elevate the truth for the good of the recipient.
Be patient and make every effort to gain the trust of your hint recipients.
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.
Use psHint.com and its Services in a professional manner.

PSHINT.COM "DON'Ts"

You agree:

Not to include slurs and hurtful, offensive, or curse words in your psHints and replies.
Not to retaliate if an honest psHint you receive puts you on the defensive, and not to use ratings as punishment of the sender.
Not to create a profile for anyone other than yourself (a real person), or use or attempt to use someone else's account.
Not to override any security feature or bypass or circumvent any access controls or use limits of the Services (such as caps on "hint censorship" or maliciously drive down or up the rating scores of other members).
Not to copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent.
Not to disclose information that you do not have the consent to disclose (such as confidential information of other members, including your employer).
Not to violate the intellectual property rights of others. For example, do not copy or distribute the hints and replies of others without their permission.
Not to violate the intellectual property or other rights of psHint.com, including, without limitation, (1) copying or distributing our learning videos or other materials; (2) copying or distributing our software and technology, unless it is released under open source licenses; (3) using the word “psHint” or our logos in any business name, email, or URL.
Not to post anything that contains software viruses, worms, or any other harmful code.
Not to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
Not to imply or state that you are affiliated with or endorsed by psHint.com without our express consent.
Not to rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent.
Not to use bots or other automated methods to access the Services, send or redirect hints and replies.
Not to monitor the Services’ availability, performance or functionality for any competitive purpose.
Not to engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services.
Not to overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services).
Not to interfere with the operation of, or place an unreasonable load on, the Services (e.g. spam, denial of service attack, viruses, gaming algorithms).

GENERAL

The laws of the State of Massachusetts will govern this Agreement and any dispute that arises between you and us.
All disputes related to the Services will be brought solely in the federal or state courts located in Boston, Massachusetts, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
In the event that any provision of this Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect. Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Have you read the Privacy Policy? You really should.

Do you have questions about this Member Agreement? Please send a message to ps AT pshint DOT com