PONYAPP TERMS OF SERVICE
Last Updated: April 25, 2020
Welcome to PonyApp! We, Equineer Inc., (“We” or “Equineer”) maintain the PonyApp mobile application (“PonyApp”) and related websites, services and tools (collectively referred to as the “PonyApp Platform”) for your personal entertainment, information, and education. You are encouraged to use and enjoy the PonyApp Platform. With your use of the PonyApp Platform, you agree to these Terms of Service and the disclaimers and terms and conditions stated on the PonyApp Platform (“Terms of Service”). You should carefully read the Terms of Service before using any part of the PonyApp Platform. If you do not agree to be bound by the Terms of Service, do not use the PonyApp Platform.
It is important that visitors to the PonyApp Platform are aware of their respective legal rights and obligations when using the PonyApp Platform. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PONYAPP PLATFORM, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, E.G., REQUIRING ARBITRATION, PROHIBITING CLASS RELIEF, AND LIMITING OUR LIABILITY.
We reserve the right to update and makes changes to these Terms of Service at any time by updating this posting or providing notice to you as otherwise permitted under applicable law. By using the PonyApp Platform, you agree to be bound by any such changes and should periodically visit this page to determine the then-current Terms of Service to which you are bound.
Who Can Use PonyApp. The PonyApp Platform is available to people residing in the United States who can form legally binding agreements under applicable law. You must be at least 13 years old to access and use the PonyApp. We must not have previously disabled your account for violation of any laws or any of our policies. Access to the PonyApp Platform may be prohibited in certain countries outside the United States. If you access the PonyApp Platform from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access.
Establishing and Maintaining an Account. Certain services offered on the PonyApp Platform require you to set up an account. Each user setting up an account on the PonyApp Platform is responsible for keeping the account information secret and confidential. You agree that you are solely responsible for any communications or other uses made using your account information, as well as for any obligations, which may result from such use. You are responsible for updating your account information. If We believe the details are not correct, current, or complete, We have the right to refuse you access to the PonyApp Platform, or any of its resources and to terminate or suspend your account.
PonyApp Premium Services. PonyApp Premium Services are offered on a subscription basis and subject to subscription fees. Your subscription fee will be charged to your iTunes account. Applicable fees will be charged upon enrollment and renewal. Fees exclude applicable taxes. Initial subscription fee is an introductory price and subject to change. We reserve the right to change the subscription fees at any time upon notice to you. Notice of a change in fees is provided by email. Changes will apply to new subscriptions and renewal of existing subscriptions if you do not cancel. If the eligible payment method on file for you is declined for payment of fees, your subscription may be placed on hold and benefits suspended. If you provide a new eligible payment method and are successfully charged, your subscription and benefits will be reactivated and your new subscription period will be based on the date of the successful change. We reserve the right to terminate your benefits at the end of your applicable subscription term if payment if not received for the applicable subscription.
UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE A RECURRING CHARGE, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE (WITHOUT NOTICE TO YOU, EXCEPT AS REQUIRED BY APPLICABLE LAW) THE CHARGE TO YOUR ACCOUNT TO COLLECT THE THEN-APPLICABLE FEE AND TAXES.
Free Trials. Subscription services may begin with a free trial. Free trial eligibility is determined by us in our sole discretion, and we may limit eligibility or duration to prevent free trial abuse. We may use information such as device ID or an account email address used with an existing or recent subscription to determine eligibility. The duration of the free trial period of your subscription and any additional restrictions on your subscription during the free trial period will be specified during sign-up. We reserve the right to revoke the free trial and put your account on hold if we determine that you are not eligible. At the end of the free trial period, you will be charged the fee for your next billing cycle, and your subscription will automatically renew unless you cancel your subscription prior to the end of the free trial or the applicable subscription period.
Cancellation. PonyApp Premium subscriptions automatically renew unless cancelled by you or Equineer. You may cancel your membership and authorization for recurring payments by visiting your App Store Account Settings at least twenty-four (24) hours before the end of the current subscription period. NO REFUNDS for monthly fees after the recurring charge is processed. NO REFUNDS are provided for cancellation during the initial month of subscription. If you cancel an annual subscription, we will refund you a pro rata share of the fee based on the number of unused months (after the current month) left in your subscription term (provided you are in compliance with these Terms). Cancellation is effective at the end of the then-current period for your subscription and you will continue to receive eligible benefits until the effective date of cancellation (provided you are in compliance with these Terms). Lack of activity alone does not automatically terminate your subscription and you remain responsible for fees until you expressly cancel your subscription. We may delete any of your archived data after thirty (30) days following the date of cancellation. If your subscription has not been cancelled and is classified by use as inactive for at least ninety (90) days, we reserve the right, but have no obligation, to permanently delete all of your account data and other data related to your use of the PonyApp. In the absence of express cancellation request, you agree to pay all applicable fees through the date of deletion of your data
Logging On; Social Sign On. The PonyApp may support sign-on from third-party platforms, such as Facebook and Google, to make it easier for you to sign in or create an account. When you download the PonyApp, you will be asked to establish an account by providing your name, email address and a password. To log onto the PonyApp, you must use your account credential set up with PonyApp. If you elect to sign-on through a third party platform, you may use your Facebook or Google Connect credentials, which will automatically be linked to your account. Use of third-party platforms to create and access your account is subject to the terms and conditions and privacy policies of such third parties. You may disconnect your social media account at any time by updating the settings in your account or by removing the authorization through the settings of your social media account. If the Facebook or Google service becomes temporarily or permanently unavailable for any reason, if you elect to delete your Facebook account or Google account used to access the PonyApp, or if you unlink your Facebook or Google account and the PonyApp, you may not be able to log into your account.
Your Access to the PonyApp Platform. We grant you a limited license to access and make informational, personal and non-commercial use of the PonyApp Platform and Content (as defined below). You may download material from the PonyApp Platform for non–commercial, personal use provided you retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media (other than as expressly permitted on the PonyApp Platform). It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content for public or commercial purposes (other than as permitted on the PonyApp Platform) without written permission from an authorized representative of Equineer.
Permissions You Give Equineer:
- Your Content. By displaying, publishing or posting comments, text, images, photos, or other content that you submit for posting on the PonyApp Platform (“Your Content”), you grant to Equineer, its affiliate entities and those acting at their direction, a perpetual, irrevocable, royalty-free, worldwide license and right to use, modify, reproduce, publicly perform, publicly display, distribute and create derivative works based upon Your Content for any commercial and non-commercial purposes in any media, now known or hereafter created, as We may determine, in our sole discretion, without the need for any acknowledgment or compensation. You further acknowledge that We may make Your Content available for access and viewing by other users of the PonyApp Platform. If you save Your Content as part of the PonyApp Platform with your account, We have the right to store Your Content for access by you at a later date. We may delete Your Content after a reasonable period of time consistent with then-current PonyApp policies or upon termination of your account. Your Content may become inaccessible or deleted for other reasons and you should not rely on the PonyApp Platform for storage or archiving of Your Content. As a result, We suggest that you create back-up copies of Your Content.
You are responsible for all Your Content. By posting Your Content, you represent and warrant that Your Content is your own original work or is being posted with the permission of the owner of that content and the content does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity. You must share only the photos and posts that you have the right to share. Please note that we reserve the right to remove content or information if we believe it violates these Terms of Service.
- Permission to use your username, profile picture and information about your Posts. You grant us permission to show your username, profile picture and information about your actions (such as likes), relationships (such as follows), and your comments in connection with your account on the PonyApp and other users that you interact with or follow. We may show your comments that you post, the users that you follow and posts that you like.
- Updates to the PonyApp. You agree that we can download and install updates to the PonyApp on your device (consistently with your device settings).
Privacy and Submissions. Personal information you provide on the PonyApp Platform will be used by Equineer in accordance with the PonyApp Platform’s Privacy Notice. Equineer does not intend to accept ideas, concepts or techniques for new services or products through the PonyApp Platform. Notwithstanding the foregoing, you acknowledge that any communication or material you transmit to the PonyApp Platform, such as questions, comments, ideas, feedback, materials, suggestions or the like (collectively “Submissions”), will be treated as non-confidential and nonproprietary and may be used by Equineer for any purpose without notice to you and without any further consent by you. We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission. The act of providing any Submission constitutes an assignment to Equineer of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Submission. By providing a Submission, you represent and warrant that you own or otherwise control all of the rights to that Submission including, without limitation, all the rights necessary for you to provide that Submission and for Equineer to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell that Submission.
Community Guidelines. The PonyApp Platform provides a convenient means of identifying and connecting with other users. We want the experience to be open and inclusive, but expect users to act responsibly and respectfully when using the PonyApp Platform.
- You are prohibited from using the PonyApp Platform or any of its Content (i) to post or transmit any infringing, threatening, false, misleading, libelous, defamatory, obscene, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (ii) for any purpose that is unlawful or prohibited by these Terms of Service; (iii) in any manner which could damage or disparage Equineer; (iv) in any manner that could disable, overburden, or impair the PonyApp Platform or interfere with any other user’s enjoyment of the PonyApp Platform; or (v) to solicit, obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PonyApp Platform.
- Tampering with the PonyApp Platform, misrepresenting the identity of a user, or conducting fraudulent activities on the PonyApp Platform are strictly prohibited. Equineer will fully cooperate with any law enforcement authorities or any court order requesting or directing PonyApp to disclose the identity of anyone posting or transmitting any such information or materials. You understand and agree that all materials publicly posted or privately transmitted on or through the PonyApp Platform are the sole responsibility of the contributor, not Equineer.
These standards are based on common sense and common courtesy, and ultimately boil down to…”No bullying” and “Treat others the way you’d like to be treated.” Sometimes we have to remove material that does not (in our judgment) follow the Golden Rule.Hopefully we’ll never have to revoke anyone’s posting privileges because of repeated violations and ignored warnings — but we will if we have to!
- Play nice! It was a good idea when you were a kid, and it’s still a good idea. In other words, be respectful and civil to others, even in disagreement.
- Don’t post any pictures that are not appropriate for a diverse audience. Share files you think others will appreciate, but anything obscene or graphic or that depicts sexual content or nudity is out of bounds.
- Don’t participate in, suggest, or encourage anything illegal or that is threatening.
- Before directly posting articles, images, or other material from other sites, please secure the permission of the relevant copyright owners (if any).
- No spam, chain letters, pyramid schemes, junk mail, or any similar activities.
- This is a place for creating connections, but we think you know the difference between connecting and soliciting!
- Think twice before posting any private information about yourself that you do not wish to be widely available. Under no circumstances should you share or post anything like a credit card number, and when sharing contact information, it’s best to use a private message.
- Please keep in mind that community members may claim expertise or status (legal, medical, etc.) that they don’t actually possess.
- Be mindful when posting newsworthy events.
- The views expressed by community members on the site do not necessarily reflect the views of our company.
Reporting Issues. If you see something that you think may violate our guidelines or the Terms of Service, please help us by using our reporting option. Decisions to remove posts or disable user accounts are exercised in our sole discretion. Remember, you may see content or posts you don’t like, but that don’t violate our policies. You can always unfollow the person who posted it. If someone posted a comment in one of your posts that you don’t like, you can delete that comment.
Ownership of Content. Content included on the PonyApp Platform, including information, data, software, images photographs, videos, and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights. PonyApp (its vendor(s) or licensor(s)) owns and retains rights, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, delete, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The software, applications, algorithms and technology used to provide the PonyApp Platform and functionality remain the exclusive property of Equineer and its vendors and licensors.
Copyright Policy. We expect our users to respect copyrights. We have adopted and implementedthe PonyApp Copyright Policy in accordance with the Digital Millennium Copyright Act and other copyright law.
Product, Service and Technical Information on the PonyApp Platform. Products and services depicted on the PonyApp Platform are available through third party retailers and providers. We may post products and collections of retailers with which we have a relationship or that we think you will like. We make a conscientious effort to display and describe the products, services and related specifications available on the PonyApp Platform accurately and completely. However, the details and accuracy of the images and specifications of products and services that you see as a visitor to the PonyApp Platform will depend on a number of things. We do not guarantee that the product images, services or specifications displayed on the PonyApp Platform are or will remain accurate. Users may also post images of products from other sources. We also don’t control what users or visitors post or say on the PonyApp Platform. The technical information, recommendations and other information made available on the PonyApp Platform, including recommendations regarding product selections, are not substitutes for consultation with retailers and providers familiar with your particular needs and circumstances. The display of a product or service on the PonyApp Platform does not mean that the product or service is or will be available through a particular retailer or provider, even if the retailer or provider is mentioned on the PonyApp Platform. All products are offered for sale by third party retailers and not by Equineer. Sales are subject to the terms of sale, return, exchange and refund policies of that third party. We do not monitor or evaluate the quality, reliability or performance of the product offerings of these third parties. We are not responsible for any sales or other transaction that you may make with a retailer or provider ortheproducts or services you may obtain from them, and We will not be liable for any compensation, reimbursement or damages of any kind arising in connection with your purchase of such products. Your decision to purchase any products should be based on your own informed evaluation of the products.
General Audience Site. The PonyApp Platform is not intended for use by children. Children accessing the PonyApp Platform should get permission and assistance of a parent or guardian to use the PonyApp Platform.
Monitoring. Equineer has the right, but no obligation, to monitor content or users interactions (including likes, comments or posts) on the PonyApp Platform provided by users to determine compliance with the Terms of Service, any other operating rules established by Equineer for this PonyApp Platform and to comply with any law, regulation, or authorized government request.
Links to Third Party Websites. The PonyApp Platform contains products and services offered by, and hypertext links to sites owned or operated by, parties other than Equineer (“Linked Sites”). Links to third-party sites are provided for your convenience only. Equineer makes no representations whatsoever about any other website which you may access through the PonyApp Platform. When you leave the PonyApp Platform, please understand that Equineer has no control over the content on that Linked Site. In addition, a link to a non–Equineer website does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Linked Site. Equineer makes no representation or warranty as to any third–party products or services. No rights to use or copy the information on this or the third–party site are granted or implied.
Linking to the PonyApp Platform. Linking to any page of the PonyApp Platform other than to the home page through a plain text link is strictly prohibited in the absence of the written consent of Equineer. Any website or other device that links to the PonyApp home page is prohibited from (a) replicating Content, (b) framing or using border around the Content, (c) implying in any fashion that Equineer is associated with that website or is endorsing that website or its products, (d) misrepresenting any state of facts, including its relationship with PonyApp, and (f) using any logo or trademark of Equineer without express written permission from Equineer.
Binding Arbitration of All Disputes; No Class Relief. To the fullest extent permissible by law, with the exception of disputes pertaining to Equineer’ intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and Equineer arising under these Terms of Service shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall follow New York substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and We agree that We intend that this Section satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Equineer. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Equineer shall pay the costs and fees of JAMS and the arbitrator. Equineer agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
Disclaimer of Warranties. THE PONYAPP PLATFORM AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND EQUINEER, AND its affiliates, subsidiaries, designees AND each of their respective officers, directors, employees, agents, third–party content providers, contractors, distributors, sponsors, licensors AND the like (collectively, “associates”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. Without limiting the foregoing, We neither warrant nor represent that (i) your use of any Content will not infringe the rights of any third parties; (ii) the Content or information contained on Linked Sites will be accurate, reliable, complete or up-to-date; (iii) Content provided on the PonyApp Platform is applicable to, or appropriate for use in, locations outside of the United States; (iv) your access to the PonyApp Platform will be uninterrupted or error free; or (v) you will be satisfied with any products or services that you purchase from a Linked Site or any dealer, retailer, or provider listed on the PonyApp Platform. We assume no responsibility or liability arising from any material or information that may be provided by any third party. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Exclusion of Liability. YOUR USE OF THE PONYAPP PLATFORM IS AT YOUR OWN RISK. IN NO EVENT WILL EQUINEER OR ANY ASSOCIATES BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PONYAPP PLATFORM, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY LINKED SITE. NEITHER EQUINEER, NOR ANY OF ITS ASSOCIATES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PONYAPP PLATFORM, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OF THE PONYAPP PLATFORM OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. If you are dissatisfied with any portion of the PonyApp Platform, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the PonyApp Platform.
Indemnification by You. You agree to indemnify, defend and hold harmless Equineer and its Associates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to any unauthorized use by you of the PonyApp Platform or Content, your provision of any Submissions or Your Content, or any breach by you of these Terms of Service.
Export Control. Software and other materials from the PonyApp Platform may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the PonyApp Platform may be downloaded or exported (i) into any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from the PonyApp Platform to any jurisdiction prohibited by the United States Export Laws.
Termination/Access Restriction. We reserve the right, in our sole discretion, to terminate or refuse your access to any or all of the PonyApp Platform and the related services or disable your account at any time, without notice and for any reason. We also reserve the right to modify, terminate or withdraw the PonyApp Platform or any Content on the PonyApp Platform at any time without notice.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the PonyApp Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
How to Contact Us. This PonyApp Platform is controlled and operated by Equineer located at 321 S. Beverly Drive (Suite M), Beverly Hills, CA 90212. Please forward any comments or complaints about the PonyApp Platform to firstname.lastname@example.org. Please forward any questions regarding privacy and other legal matters to email@example.com.
General. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect. These Terms of Service represent the entire agreement between you and Equineer with respect to access and use of the PonyApp Platform and supersede any prior statements or representations.