Terms of Use

Ping Culture, Ltd. (“Ping Culture Technology,” “we,” “us,” “our”) provides its health and fitness content and services to you through its mobile applications (the “App”) and API and provides i www.pingfluence.com (the “Site”) subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). For the purposes of these Terms of Use, the Ping Culture Technology services, including any new features, the Sites and the Apps, are referred to collectively as the “Service”.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Ping Culture Technology are non-confidential and Ping Culture Technology shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or App. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Welcome to Ping Culture and Pingfluence websites and App provided to you by Ping Culture Ltd with business address 23 Keith Grove, London.

By using the Ping Culture Website and App or Services in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the Terms, then do not use the Website and App or Services. If you are accepting these Terms on behalf of an entity, person, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the body is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PING CULTURE’S PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE (TOGETHER, THESE “TERMS”). IF YOU DO NOT SATISFY THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND PING CULTURE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PING CULTURE AND BY YOU TO BE BOUND BY THESE TERMS.

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These terms of service collectively, this “Agreement”), sets out the terms and conditions by which Ping Culture, a United Kingdom company, and its affiliates (“we,” “us,” or “our”) offer the services available through Ping-culture.com or pingfluence.com site and app (our “Services”) to users (“users”) and business owners (service providers). This Site provides a safe platform for potential Service Providers to link up with potential Clients and acquire services online. The Site intermediates between the Service Providers, and their potential Clients.

This Site is only for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of services. Ping Culture does not buy or sell services. However we strive to use industry standard security technology to safeguard every transaction or personal data exchange throughout the platform.

When referring to Pingfluence or Ping Culture, this encapsulates all websites and applications under Ping Culture ltd

Please note that your access and use of the website and App is subjected to your responsibility. However, We employ modern and secure techniques to protect our systems from intrusion by unauthorized individuals, and we regularly upgrade our security as better methods become available, while we do this, please note that no security system is impenetrable and due to the inherent nature of the internet, we cannot guarantee that data, during transmission through the internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others it is the sole responsibility of the user to stay safe within the platform. Ping Culture will not be held responsible for any type of loss or damage which you may sustain as a result of accessing and using the Application. Ping Culture assumes no responsibility for the contents of any other website to which the App may have links, and if you access any such linked sites, and fail to read their terms of service and Privacy Policy, you do so at your own risk. Ping Culture’ inclusion of links to such website and Apps does not imply any endorsement by Ping Culture of the materials on such sites.

Your use of the Ping-culture.com App is at your own discretion and subject to all applicable national and international laws and regulations. Ping Culture Reserves the right to modify, supplement, move or delete portions of or add to the site at any time with or without notice.

Ping Culture is a Geo service-based platform company based in United Kingdom where local businesses can provide services for buyers of all kind. At Ping Culture we provide Business owners a portal where they can list items, images, videos and services to their Ping Profile for sale through the platform to. We also provide a portal for users who can be buyers to view, follow, communicate with users or service providers or make bookings via the app or website.

Specific Items or services may be available exclusively online through our website and App. These Items or services may be limited and are subject to refund or cancellation only according to our Refund Policy. We have made every effort to display as accurately as possible the services and items that appear on the website and App. We cannot guarantee that your computer monitor’s display will be accurate.

We reserve the right but are not obligated, to limit the sales of our items or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of any services that we offer. All descriptions of Items/services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any listing or quotation at any time. Any offer for any product or service made on this site is void where prohibited.

To access Ping Culture services is free, but users will need to sign up and register for an account by providing personal or company information including names, logos, contact details, Website and Apps or physical addresses, and other information we may require for accessing or using the service. When you create an account with Ping Culture, you consent to receive updates, news or newsletter from us. You may unsubscribe from our mailing service at any time by clicking on the unsubscribe link included in the e-mails you receive from us.

You agree to provide accurate, current, and complete information. Maintaining the security and confidentiality of your account is your responsibility, and we are not responsible for any unlawful or unauthorized access to your account or any loss or damage in connection to that. You must notify us promptly if you think your login information has been compromised or no longer confidential. You shall not impersonate any user or unlawfully access anyone’s account.

At Ping Culture we provide two (2) types of account registration via the website or application namely:

User Account

Users who wish to use the Ping Culture services and marketplace will need to register for a User Account. By providing us personal information about you which we do our best to secure and use them with your consent only.

In posting or submitting material about your person on the Site, you warrant that - All such material is not private and is intended for publication on the Site; You grant the Website the unrestricted right to use, reproduce, modify, translate and distribute any material you post or submit to the Site in any medium and for any purpose, including commercial uses; All such material is truthful and accurate to the best of your knowledge; You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, harmful to the business interests of the Website, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law or regulation.

Business Owner (Service Providers) Account

If you are a service provider/business owner who wish to list a product, video, or services on the Ping Culture platform you will need to create a business owner or service provider account, and agree to provide us current and your true personal data, such as profile name, email address, company name, etc.

Service Providers

By registering or using the Site as a service provider to offer, post or provide a service, you represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for you, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations and in relation to the specific job they are performing. Service Providers understand and agree that sending a quote does not guarantee the quote will be read, and using the Site does not guarantee they will be hired for work.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or Content, except as expressly permitted in these Terms. The Site and Content are provided to you AS IS. If you download or print a copy of Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ping Culture or its licensors, except for the licenses and rights expressly granted in these Terms.

In posting or submitting material about your Business on the Site, you warrant that - All such material is not private and is intended for publication on the Site; You grant the Website the unrestricted right to use, reproduce, modify, translate and distribute any material you post or submit to the Site in any medium and for any purpose, including commercial uses; All such material is truthful and accurate to the best of your knowledge; You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, harmful to the business interests of the Website, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law or regulation.

You agree not to post, or, to encourage or procure others to post Comments and/or Ratings about your Business on the Site which is untrue, inaccurate or misleading. You agree not to disclose your login details to third parties. If you do so, you are liable for any breach of these Terms and Conditions by third parties using your login details and the indemnity referred to in these term is extended accordingly.

You are responsible for maintaining the security of your Account details and for all Services ordered, accessed, or otherwise used in connection with your account and all actions taken in association in addition to that. You will not share your Account Credentials with any third party.

The Services found on the Website and App are available only to persons who are the age of majority and can form legally binding contracts under applicable English law. Without limiting the preceding, the Services and Website and App are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the website and App.

Both the users and we have the right to terminate any Service Agreement for any reason, including the ending of services that are already underway. However, please note that no refunds shall be offered, where a Service is deemed to have started and is, for all intents and purposes, underway. Any payments that have been made to us, which constitute payment in respect of the provision of unused Services shall be not be refunded.

You represent and warrant that, for all such Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such Content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any rights of any third party. Ping Culture takes no responsibility and assumes no liability for any content provided by you or any third party.

Some of Ping Culture site pages may display your listing on other sites, services, applications or tools (together a “Platform”) that are part of the (for example, on Platforms in the United Kingdom), or on third party Platforms, including social media channels. By using Ping Culture, you agree that your listing can be displayed on these other Platforms and media channels for promotion and advertisement. The terms for our other Ping Culture Platforms are similar to these terms, but you may be subject to Additional laws or other restrictions in the website where your listing is posted. When your listing is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your listing if it is reported on Ping Culture, or any third party Platform, or if we believe it causes problems or violates any law or copyright policy of another.

If you're accessing Ping Culture Services from a mobile device using a Ping Culture or Pingfluence Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Ping Culture grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). Your download and use of the Application is at your own discretion, sometimes, you might experience a slow in device functions, and other computer or device malfunction; the Ping Culture application might not be cause of these. Please endeavor to use an up to date device that can carry all functions of the Ping Culture Application.

Pingfluence shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the platform; (ii) any conduct or content of any third party on the platform; (iii) any content obtained from the platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

By participating in [Platform Name], businesses are granted a non-exclusive, royalty-free, worldwide license to access, use, download, modify, reproduce, distribute, display, and perform content uploaded by influencers on the platform solely for their marketing and promotional activities directly associated with their partnership with the influencer and within the scope of their campaign on [Platform Name]. This license is subject to the following conditions:

2. Prohibited Use

Businesses are prohibited from using the influencer's content in any way that is deemed unlawful, inappropriate, or harmful to the influencer's image or reputation. This includes, but is not limited to, using the content in connection with illegal activities, adult content, or hate speech.

3. Rights Reservation

Influencers retain all rights to their content not expressly granted to businesses in this agreement. Any rights not explicitly granted herein are reserved by the influencer.

In the event of a dispute arising from or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the dispute through amicable negotiations. If the dispute cannot be resolved within thirty (30) days of such negotiations, either party may request mediation. If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration under the rules of [insert relevant arbitration body]. The arbitration shall take place in [insert location], and the language of the arbitration shall be English.

Businesses subscribing to Pingfluence must pay the invoice within the specified period as outlined in the invoice. In case of payment failure, Pingfluence will attempt to retry the payment. After three unsuccessful attempts, we may suspend the account until payment is received. For all custom contracts and invoices, payment must be made within the period specified on the invoice. Late payments may incur an interest fee of 10% of the outstanding amount, compounded monthly. Continued failure to pay may result in account suspension or termination and legal action to recover owed amounts.

Businesses acknowledge that they will not attempt to circumvent the Pingfluence platform by directly contacting or engaging with influencers discovered through Pingfluence for the purpose of avoiding fees or commissions. Any such attempt will be considered a breach of these Terms and Conditions and may result in immediate suspension or termination of the business’s account, along with potential legal action for damages.

Businesses and influencers using Pingfluence agree to adhere to our Acceptable Use Policy, which prohibits the use of the platform for illegal activities, harassment, discrimination, spreading harmful or offensive content, or engaging in any behavior that negatively affects other users or the functionality of the platform. Violation of this policy may result in account suspension or termination and legal action where necessary.

All content uploaded to the Pingfluence platform by businesses or influencers becomes the property of Pingfluence. However, businesses are granted a license to use this content provided they properly credit the influencer and Pingfluence in all uses. This license is non-exclusive, non-transferable, and revocable at Pingfluence’s discretion. Any unauthorized use of content may result in legal action for infringement of intellectual property rights.

Ping Culture includes a listing and advertising service, sometimes referred to as Ping Culture services, we facilitates the connection of users and service providers, and a secure private booking (“Platform”) through which users and service provider can conduct item or service sales transactions. The information on a specific listing provided through these services and on the Site is supplied by the service provider or other third parties; Ping Culture is not responsible for the accuracy of such information. Ping Culture provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Ping Culture is not a party to any transaction between user (buyers) and service provider that occurs through the Site or that originates from information found on the Site. Prices do not include additional fees such as government fees and taxes, title and vat.

FOR BOTH THE LISTINGS SERVICE AND THE PLATFORM, PING CULTURE IS NOT THE SELLER OR AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY LISTED SERVICE FOR SALE ON OUR SITE.

Ping Culture do not claim ownership of data provided to you in connection with the Ping Culture Services (collectively “User Content”). By receiving any User data, via the platform you agree and acknowledge that

Ping Culture has the right, but not the obligation, to investigate any illegal or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, you may not:

Post on the Services any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit Material of any kind;

Post on the Services or transmit through the Services any Material that violates or infringes another person’s intellectual property rights (including, but not limited to, third party music, videos, photos or other materials where you do not have written authority from the owner to post or transmit such documents);

Post or transmit any Material that contains any advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;

Reformat, frame or mirror any portion of any web page that is part of the service;

Post Material containing restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

Submit any Material that impersonates a person or entity, falsely implies sponsorship or endorsement of that Material by the Services, Ping Culture and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;

Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the service or the use and enjoyment of the Services by other users;

Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party (including their rights of privacy or publicity) or that promotes or encourages illegal activity, racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual; or Harvest or collect e-mail addresses or other contact information of other users by electronic or other mean

Unattended User Requests Policy

Ping Culture shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your account (s) to promote the Services.

Buyers or users have a right to cancel an already placed order. But this can only be possible if the cancellation request was made within (1) hour after placing the order. Only means, [1] hour’ notice via e-mail, mobile phone, text message” or any other means will be accepted subject to confirmation in writing regarding a cancellation.

When supplying your own content you are obliged to comply with all the applicable laws and other legislation of the English Court and United Kingdom Data Protection Law. Regardless of whether or not it constitutes a criminal offense, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature. In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.

We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with these terms of service.

Despite our rights outlined herein, you shall remain solely responsible for all Material you post. Ping Culture has no obligation to evaluate, pre-screen or monitor the Material you post. However Ping Culture reserves the right to edit or remove any Content or Material on the Services, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of Ping Culture, its users, and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure. Ping Culture has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

You agree that Ping Culture will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements, and administrative messages from our partners or us and that these are considered part of the Services.

You agree to indemnify, defend and hold Ping Culture and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Ping Culture Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Ping Culture Party in connection with:

Ping Culture reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ping Culture’ defense of such claim

Ping Culture is committed to protecting the privacy of your personal information and that of our customers. By using the Ping Culture Services, You acknowledge and agree that Ping Culture collection, usage and disclosure of this personal information is governed by our Privacy Policy. Additionally, if: (a) You are established in the European Economic Area (EEA); (b) You provide software or Ping Culture Services to customers in the EEA; or (c) You are otherwise subject to the requirements of the EU General Data Protection Regulation, Ping Culture’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

We collects and uses personal data of users to the extent that is necessary for the creation, design of Content or modification of the contractual conditions for Ping Culture Website and App between the user and Ping Culture site. If Ping Culture Website and App is involved in the communication for a Ping Culture Services agreement between the user and Ping Culture, it shall transfer the data required for this agreement to the respective service provider. This service provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective service provider can be taken from the website and App contact us page.

Following the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Ping Culture has adopted a policy of terminating, in appropriate circumstances, and in Ping Culture’ sole discretion, users who are repeat infringers. Ping Culture may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

For the requirements of a proper notification.

You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.

For contractual purposes, you (1) consent to receive communications from Ping Culture in an electronic form such as e-mail, to provide exclusive deals, and promotion. (2) Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ping Culture provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

Ping Culture respects the privacy of children, and we are committed to complying with the GDPR Children's Online Privacy Protection. This Policy describes our practices concerning the collection of personal information from children under the age of 18. This site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Ping Culture services to children under 18 years of age except as permitted by the GDPR. However, we may provide our service to children under 18 years of age but in the supervision of a parental guardian.

By using Ping Culture, you agree to the collection, transfer, storage, and use of your personal information by Ping Culture on servers located in the United Kingdom. As further described in our Privacy Notice. Ping Culture shall process personal data received under and in connection with this Agreement.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. These include, but not limited to, an obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Ping Culture exclusively for the purpose(s) you collected the personal data under or in connection with this terms. You shall erase the personal data received under this paragraph immediately after the particular purpose(s). Any further processing of the personal data are not permitted except when legally required (e.g., if a retention obligation applies). Failure to abide by the obligations mentioned above may result in disciplinary action up to and including account suspension.

We may include links to third party website and Apps at any time. However, the existence of a link to another website and App should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website and App unless explicitly stated otherwise. In the event the user follows a link to another website and App, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party website and Apps.

You agree that any submission of any ideas, suggestions, and/or proposals to the Ping Culture through its suggestion, feedback page (“Feedback”) is at your own risk and that the Ping Culture has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback.

You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Ping Culture a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

WHEN PERMITTED BY LAW, PING CULTURE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RELATED TO THE USE OF OUR SERVICES.

TO THE EXTENT PERMITTED BY LAW, PING CULTURE’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THIS AGREEMENT OR RELATING TO THIS AGREEMENT AND OUR SERVICES, INCLUDING FOR BREACH OF THIS AGREEMENT OR ANY WARRANTY CLAIMS, IS LIMITED TO THE AMOUNT YOUR COMPANY PAID US TO USE OUR SERVICES. IN ALL CASES, PING CULTURE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

YOUR USE OF THE WEBSITE AND APP, AND SERVICES WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. PING CULTURE AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PING CULTURE MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (i) THE ABILITY OF THE WEBSITE AND APP, SERVICES, OR PLATFORM TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE AND APP, SERVICES, OR SOFTWARE, (iii) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE), AND/OR (iv) THIRD-PARTY PRODUCTS, AND PING CULTURE ASSUMES NO LIABILITY OR RESPONSIBILITY THEREWITH

Unless otherwise expressed, Ping Culture expressly disclaims all warranties and conditions of any kind. Whether expressed or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

In accordance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Ping Culture follows all applicable digital communication laws. As part of our services, a valid e-mail address is required to leave a comment, purchase a service, and receive our newsletter. You may unsubscribe from e-mail correspondence at any time, however, by doing so, you will lose access to prior purchases, and account information.

This section sets forth the particular way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue a class action.

If you are a user and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent Constitutional of the English Courts will govern these Terms and any claim, without regard to conflict of law provisions.

Except for disputes governed by the our Dispute Resolution and arbitration Policy, this agreement shall in all respects be governed by, interpreted and construed with, according to, and by the English laws and the required European Union GDPR Regulation. You agree that any claim or dispute you may have against must and be resolved by arbitration.

You and Ping Culture Both agree to submit to the non-exclusive jurisdiction of the laws of the United Kingdom; for claims falling within the jurisdiction of the United Kingdom, you and Ping Culture both agree to submit to the jurisdiction of the laws of the English courts.

Copyright (c) 2020(s) of first publication Ping Culture website and App. Subject to the express provisions of these terms and conditions:

All trademarks, logos and service marks (“Marks”) displayed on the service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

If you have any questions about these Terms & conditions, please contact us at E-mail: Support@ping-culture.com.