Acceptance of Terms

Thanks for using Pongr! Pongr's products and services are provided by Pongr, Inc. These Terms of Service ("Terms") govern how you access and use Pongr’s platform, website, products and services. In addition, from time to time, other applicable rules or guidelines may be posted on specific brand pages and apps which must be adhered to by users of the Pongr platform and participants in brand promotions and services. Please read these Terms carefully and contact us if you have any questions or concerns. By using our service, you agree to be bound by these Terms and by our Privacy Policy.

Description Of Services Provided By Pongr

Pongr is a social, photo-based mobile marketing company. We use a variety of tools, including image recognition and other marketing solutions to execute marketing campaigns for brands, retailers and advertising agencies. As a user, you may engage with these marketing campaigns by sending in pictures via email, picture-message, through other social media sites, photo upload buttons, and applications that are "Powered by Pongr" and the Pongr apps themselves. The call-to-action in these campaigns may require a picture of a product, print ad, product logo, TV ad, poster or billboard, or any other picture as needed to qualify for entry, including pictures of friends, family and self. In most cases, your interaction with Pongr always begins with an opt-in from you in the form of a picture. In return, Pongr may send a simple message with relevant information in the form of an email or text message with a link to a mobile site that may offer coupons, products offers or contests. Remember that all offers made through brand mobile marketing campaigns may be governed by a separate set of rules and eligibility requirements, such as age or geographic area restrictions. It is your responsibility to read those rules and determine whether you meet these requirements. All special rules will be posted in conjunction with Advertiser promotions. You will not receive any promotional messages or special offers from Pongr unless you have opted into marketing programs to participate.

Aside from brand marketing campaigns, Pongr also provides a social network where users can engage with each other and showcase their love for brands and affinity groups by sending in pictures. After you submit your photo to Pongr, we will send an email or text back with a confirmation that your photo was received. Like other social networks, Pongr allows users to interact by following each other’s photo feeds as well as 'loving' and commenting on photos. If you do not wish to receive photo confirmation messages and messages about users following you or interacting with your photos, you can (1) change your notification settings and (2) block people from interacting with you.

Registration

Sending in a picture to Pongr and registering for our Services means you have agreed to a binding contract in compliance with these Terms and all applicable laws. When creating an account on Pongr you (1) confirm that you are 13 years of age or older (2) that the information you provide upon registration is current and accurate (3) that your registration and use of our Services is not prohibited by law. Pongr reserves the right to suspend or terminate your account, or access to our Services, in the event that you violate any of these Terms. You are solely responsible for your own account and the use of all Services. You should not share your password or register for the Services using any registration other than the official Pongr user authentication partners. Any such authentication partners will be marked as a Pongr application or Powered by Pongr.

Minors

Pongr is not intended for nor directed to users under the age of 13. If you are under the age of 13, you are not permitted to register as a user or to send personal information to Pongr.

Proprietary Materials

All images, text, logos, compilations (collection, arrangement and assembly of information) and any other content on this website, other than User Content (defined below) and all software on this website used by Pongr to deliver 'Services' is proprietary to Pongr or to third parties, except if otherwise permitted by this Agreement. Any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of Pongr software to human-readable form is prohibited.

OPTING OUT OF THE SERVICE

To opt-out of a Pongr campaign or to delete your account, please send an email to support@pongr.com with your user name. You can find your username in your settings.

CUSTOMER SUPPORT AND HELP

Customer support and help is available by emailing support@pongr.com

License to Use the Services

We authorizes you to access, view and use Pongr solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on Pongr. Except as expressly permitted by this Agreement. Any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting Pongr Services in any way is strictly prohibited without the prior written permission of Pongr.

You agree that your use of the Services will be consistent with the terms of this Agreement and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Pongr Services and your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.

User Content

As part of using Pongr, you may upload, post, and submit to Pongr, content such as photographs, text, graphics, and other materials and information (collectively, "User Content"). The User Content remains your property and you are free to share this content on other social networks via Pongr. Pongr does not claim any ownership of the copyright or other proprietary rights of User Content. When you produce User Content on Pongr, you agree that:

  1. You are publishing and making your User Content available for viewing by third parties. Your User Content may be associated with your Pongr username, and that accordingly your User Content will be attributable to you. Third parties may gain access to your User Content through the Services and Pongr shall in no event be liable to you for any use or misuse of your User Content by any third party.
  2. You grant Pongr and its Partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense, copy, modify, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise use your created User Content. User Content may be used in connection with operation, promotion and advertising of Pongr and its Partners as well as any other purposes reasonably related to using Pongr.
  3. All users of Pongr have the right to access your User Content, and to copy, modify, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise use your created User Content for personal, non-commercial use. This is an inherent part of a social, shareable world.
  4. You acknowledge that you have the rights to the User Content posted by you on Pongr. If the User Content does not belong to you, you acknowledge that it does not infringe on any third party intellectual property rights, violates any rights of privacy or publicity, it is also not defamatory, libelous or obscene, nor violates any other right, privilege or interest of any third party.
  5. You will be responsible and pay for any royalties that may be due for the exploitation on your part of any third party content that you claimed as your User Content on Pongr.

You acknowledge that Pongr may or may not pre-screen User Content, but that Pongr and other designated parties have the right (but not the obligation) to pre-screen, refuse, delete, or move any User Content that is available via Pongr and the Pongr Platform. Pongr also has the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by others on Pongr or any information in any part of the Service.

No user of Pongr shall:

  1. Use, upload, post, distribute or transmit, any User Content that is in violation of, or in connection with any violation of, any local, state, national or international laws;
  2. Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
  3. Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
  4. Post any User Content more than once or "spam";
  5. Engage in any other conduct that interferes with Pongr, restricts or inhibits any other person from using or enjoying any User Content, or Pongr, or which, in Pongr's sole judgment, exposes Pongr, its Partners, or any of their officers, directors, employees or agents to any liability or detriment of any type.

Sponsors

Some Pongr Services may be sponsored by third party brand and advertiser partners. Any prizes, rewards and promotions that are offered in partner promotions are sponsored by Pongr's partners and are awarded solely at the discretion of the partner. Pongr shall not be responsible for any decision taken by its partners or any other act or omission of any partner in connection with partner promotions. Partner sponsored promotions may have additional terms which will always be posted on the partner brand pages and applicable points of interaction Powered by Pongr.

Third Party Websites

The Pongr website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Pongr. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction on any of these third party sites.

Ideas Submitted to Pongr

We are always pleased to hear from you and welcome your comments and emails about our Services. In the event that you submit ideas or suggestions to us, they will remain the sole property of Pongr and we have the right to use, repurpose, by any means or media, the comments you submit, without any compensation to you. We will not be held liable for any use, disclosure or have any obligation to address your comments and suggestions.

Warranty Exclusions and Limitations of Liability

We acknowledge that the Pongr Service and any Pongr Property will conform substantially to the descriptions set on the Pongr website. However, Pongr does not acknowledge that our Services or Property will operate error-free or without downtime. Pongr may pause or interrupt Services at any time, and users should expect periodic downtime for updates to Pongr. In the event of any breach of this warranty, the Customer's sole and exclusive remedy, and Pongr's sole and exclusive liability, shall be (at Pongr's option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the following sentence, Pongr makes no representations or warranties of any kind regarding the Services or the Pongr Property.

PONGR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND PONGR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR PONGR PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE PONGR PROPERTY. No advice or information, whether oral or written, obtained by you from Pongr or through the Services will create any warranty not expressly stated here.

PONGR AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF PONGR, FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH USING PONGR. PONGR AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE PONGR IS USED. USERS PARTICIPATE IN PONGR AT THEIR OWN RISK.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM PONGR OR ANY PARTNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR PONGR PROPERTY, EVEN IF PONGR OR SUCH PARTNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF PONGR AND ITS PARTNERS FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE PONGR PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO PONGR, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You shall defend, indemnify and hold Pongr harmless against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with your use of Pongr, participation in Pongr, or your breach of any provision of this Agreement. We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification. You will cooperate with Pongr with respect to such defense and settlement.

Privacy Policy

We are concerned about user privacy and operate our Services under the PRIVACY POLICY published at http://pongr.com/privacy. We urge you to read this policy now and, because the policy is updated from time to time, later at your own convenience.

Digital Millennium Copyright Act

Pongr complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on Pongr you may contact our Designated Agent at the following address:

Pongr, Inc.
c/o J Thompson
PO Box 990011
Boston, MA 02199-9998

Any notice alleging that materials hosted by or distributed through Pongr infringe intellectual property rights must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on Pongr;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of the materials on Pongr of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter Notices

If material that you have posted to Pongr have been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Pongr may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

Applicable Law and Jurisdiction; Compliance

You and Pongr agree that all matters arising from or relating to the use and operation of our Services will be governed by the substantive laws of the State of Delaware, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Delaware. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than Delaware, you will be responsible for compliance with all local laws of any such other location, including interstate communications laws, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.

Modifications

Pongr reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other Pongr policies before using Pongr.

Force Majeure

In no event will Pongr be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Pongr's reasonable control.

Miscellaneous Provisions

No delay or omission by Pongr in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Pongr of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "Partner" is used solely to denote another entity with whom Pongr has a sponsorship or marketing agreement, not a participant in a legal partnership with a view to conducting a business enterprise in which participants share profits and losses. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Pongr regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a "writing" and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

In making any and all submissions, and in consideration of review thereof by Pongr and/or partners, affiliates, and advertisers, I agree that the submission is not being made in confidence and that there is no relationship of trust or confidence created between me and Pongr and/or partners, affiliates, and advertisers. I further agree that I have no expectation of any payment or remuneration of any kind in connection with the use of the submission by Pongr and/or any designee or assignee thereof.

Last updated January 21, 2013