Last updated: May 30, 2017
ZINSEARCH.COM TERMS AND CONDITIONS
By accessing or using any part of the Website, including without limitation all content available through the Website, you accept and agree to be bound by the terms and conditions of the Agreement, which form a legally binding contract between you and Pinch of Awesome, LP.
If you do not want to agree to the Agreement, you must not access or use the Website. Pinch of Awesome, LP reserves the right to modify the Agreement at any time. You can always check the “last updated” date at the top of this document to see when these terms and conditions were last changed.
We may also post a notice concerning changes to these terms and conditions on our Website if there are material changes to the policy. You are responsible for regularly reviewing the Agreement and any additional terms and conditions posted to the Website. Your continued use of the Website following the posting of any such changes constitutes your agreement to all such changes and additional terms and conditions.
1. DESCRIPTION AND ACCESS
The Website contains expressive content in the form of adult content and other materials, including without limitation sexually oriented and sexually explicit videos, images, graphics, audio and text, some of which may be provided by third parties. Any use or viewing of the content on the Website is subject to the terms and conditions of this Agreement.
The Website may contain third party content and links to third party websites or other materials, which are not provided by us. We will not be liable for any issues, claims, or damages arising from your use or viewing of any third party content. If you are offended by any content on the Website, you agree your sole remedy is to immediately cease accessing the Website.
This Website is for adults only. You must be at least 18 years of age or older (or the age of majority in your jurisdiction of residence or from where you are accessing the Website) in order to access and use the Website.
By accessing or using the Website, you represent, warrant and affirm that you are at least 18 years old (or the age of majority in your jurisdiction), that you have the legal capacity to enter into this Agreement, and that you will not allow or assist any minors to access this Website. Any misrepresentation of your age or attempt to gain access to the Website if you are under 18 years of age (or the age of majority in your jurisdiction) constitutes a breach of this Agreement. We specifically disclaim any responsibility or liability for any misrepresentations regarding a user’s age.
2. OUR INTELLECTUAL PROPERTY RIGHTS
Except as described in the next sentence, the entire contents of this Website and any trademarks, service marks, and trade dress displayed at this Website are the property of Pinch of Awesome, LP. However, references and links to third-party sites, content, trademarks or products that may be referenced or linked to on the Website are owned by the respective site, content, trademark or product owners, and no sponsorship or endorsement by, or affiliation with, such third parties is claimed or suggested.
3. REPRESENTATIONS AND WARRANTIES
You represent and warrant to Pinch of Awesome, LP as follows:
- 3.1.1. You will only access and use the Website for lawful purposes consistent with the Agreement and all applicable United States state, federal, or local laws, regulations and rules, and all applicable international laws, regulations and rules (collectively, “Laws”), and will not use the Website in any way that is harassing, threatening, abusive, defamatory, libelous, obscene, or an invasion of privacy;
- 3.1.2. You are eighteen (18) years of age or older (or the age of majority in the jurisdiction of your residence or from where you are accessing the Website);
- 3.1.3. You will not use or access the Website if doing so would violate the laws in your jurisdiction of residence or from where you are accessing the Website;
- 3.1.4. You have fully complied, and will continue to fully comply with all rules, terms and conditions contained in the Agreement;
- 3.1.5. You are responsible for preventing minors under your care from viewing or accessing the Website;
- 3.1.6. You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of the Website and for paying all charges related thereto;
- 3.1.7. You will not solicit for commercial purposes other users of the Website;
- 3.1.8. You will not use the Website to distribute or post solicitations or promotional materials;
- 3.1.9. You will not use the Website to distribute or post spam, junk mail, chain letters, or pyramid schemes;
- 3.1.10. You will not use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
- 3.1.11. You will not harvest or otherwise collect personal information about our users, including, without limitation, e-mail addresses;
- 3.1.12. You will not use any robot, spider, crawler, scraper or other automated means to access the Website; and
- 3.1.13. You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
- 3.2. We reserve the right to immediately block, suspend and/or terminate your access to the Website if, in our sole and absolute discretion, we believe that you have engaged in any behavior which violates any of the foregoing representations and warranties or the Agreement.
You hereby agree to defend, indemnify and hold Pinch of Awesome, LP, its parent, subsidiaries, affiliated companies, and partners and its and their respective officers, directors, members, managers, contractors, licensors, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, losses, costs and expenses, including, without limitation, reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any breach or alleged breach of any of your warranties, representations or covenants hereunder.
5. THIRD PARTY SITES
We have not reviewed, and cannot review, all of the content, websites, advertisements, and other materials which may be linked to or made available through the Website, with which the Website is integrated, or that link to the Website (“Third Party Sites”). In no event shall Pinch of Awesome, LP be liable, directly or indirectly, to you or any third party for any loss or damage arising from use of any Third Party Sites or any information or material accessed through such Third Party Sites.
6. COPYRIGHT INFRINGEMENT
As Pinch of Awesome, LP asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do the same. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at those locations;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Pinch of Awesome, LP to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the third party that provided or user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the third party or user responsible for the allegedly infringing material that we have removed or disabled access to. We will terminate, under appropriate circumstances, third party providers or users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
5.2. If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:
The specific URLs of material that we have removed or to which we have disabled access;
Your name, address, telephone number, and email address; A statement that you consent to the jurisdiction of U.S. District Court for the Eastern District of Pennsylvania, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled” and
Your signature. Upon receipt of a valid counter-notification, we will forward it to party who submitted the original DMCA notification. The original party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material.
If we do not receive any such notification within ten (10) days, we may restore the material to the Website. The contact information for our Designated Agent is:
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at email@example.com. We reserve the right, in our sole and absolute discretion, to suspend or terminate any third party provider or user who infringes the intellectual property rights of Pinch of Awesome, LP or others, and/or to remove, delete, edit or disable access to such entity or person’s content. You agree that we have no liability for any action taken under this section. You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.
7. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY ITS CONTENTS IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, AND PINCH OF AWESOME, LP HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PINCH OF AWESOME, LP MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR ITS CONTENTS OR ANY PRODUCTS, SERVICES, INFORMATION, OR THIRD PARTY SITES LINKED TO OR INTEGRATED WITH THE WEBSITE. PINCH OF AWESOME, LP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:
(I) ANY THIRD PARTY CONTENT OR MATERIALS MADE AVAILABLE ON OR INTEGRATED WITH THE WEBSITE;
(II) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT;
(III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; OR
(VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE WEBSITE OR OTHERWISE).
Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you. The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PINCH OF AWESOME, LP OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE WHATSOEVER, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PINCH OF AWESOME, LP OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in your applicable jurisdiction.
No joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of the Agreement or your use of the Website.
Any dispute relating to the Agreement or arising out of your access to or use of the Website will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of law provisions, and the exclusive venue for adjudicating any such disputes will be the state and federal courts located in Philadelphia, Pennsylvania. You hereby consent to the exercise of personal jurisdiction by such courts and to such venue.
If Pinch of Awesome, LP prevails in any action or proceeding to enforce the Agreement or arising out of your access to or use of the Website, it shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including reasonable attorneys’ fees.
The provisions of the Agreement are severable, and if any portion is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect.
Any waiver by either party of any term or condition of the Agreement or any breach thereof shall be in a writing executed by the party to be charged with such waiver, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof.
The Agreement is not assignable by you, except by operation of law; Pinch of Awesome, LP may assign the Agreement and any of its rights and obligations hereunder without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
10. CONTACT US