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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.

19. Pinterest.com

Pinterest

Pinterest has two main agreements that govern their site, the Terms of Service and Privacy Policy. However, listed on their policy page are separate policies for "community," "buyable pins," "advertising," "developers," "copyright," and "trademark." Most of these policies have very specific provisions that only apply to a limited number of users. Pinterest presents the information in a very user friendly manner with simple explanations alongside the legal prose. Another notable aspect of Pinterest is that they require users to agree to terms prior to visiting and using the site. However, as the sign up page indicates with its "login with x" options for different social platforms, data is collected at every corner and shared liberally with your consent.

Representations & Warranties

 

"The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
PINTEREST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Pinterest takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.


"

Limitations on Liability

 

"TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PINTEREST'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).


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Indemnification

 

"If you use our Products for commercial purposes without agreeing to our Business Terms as required by Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Pinterest and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms."

Key Definitions

As of the 11.1.2016 version of the terms, there was no definitions section but there were some defined terms within the agreement. However, the most important definitions that differ from common meaning are excerpted in the sharing agreement section below.

Sharing Agreements

 

  • Anyone can see the public boards and Pins you create, and the profile information you give us. We may also make this public information available through what are called “APIs” (basically a technical way to share information quickly). For example, a partner might use a Pinterest API to study what their most popular Pins are or how their Pins are being shared on Pinterest. The other limited instances where we may share your personal information include:

  • When we have your consent. This includes sharing information with other services (like Facebook or Twitter) when you’ve chosen to link to your Pinterest account to those services or publish your activity on Pinterest to them. For example, you can choose to publish your Pins to Facebook or Twitter.

  • When you buy something on Pinterest using your credit card, we may share your credit card information, contact information, and other information about the transaction with the merchant you’re buying from. The merchants treat this information just as if you had made a purchase from their website directly, which means their privacy policies and marketing policies apply to the information we share with them.

  • If you buy something on Pinterest using Apple Pay, your credit card number is not shared with the merchant, but contact and transaction information is still shared.

  • Online advertisers typically use third party companies to audit the delivery and performance of their ads on websites and apps. We also allow these companies to collect this information on Pinterest. To learn more, please see our Help Center.

  • We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. For example, we share credit card information with the payment companies we use to store your payment information. Or, we may share data with a security consultant to help us get better at identifying spam. In addition, some of the information we request may be collected by third party providers on our behalf. For more information about the providers we use, please see our Help Center.

  • If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Pinterest; or to detect, prevent, or otherwise address fraud, security or technical issues. We may share the information described in this Policy with our wholly-owned subsidiaries and affiliates. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy. We may also share aggregated or non-personally identifiable information with our partners, advertisers or others. For example, we may tell an advertiser on Pinterest how many people saved something they shared, or the percentage of people who click on a Pin after viewing it.