PINADS BY DOBANGO TERMS OF SERVICE

INTRODUCTION

Thank you for reviewing PinAds by Dobango (“Dobango” or “we” or “us”) Terms of Service, located at http://pinads.dobango.com/pinad/terms (this “Site”). This document sets out the terms and conditions of use (“Terms and Conditions”) that govern use of this Site and the web applications, contest tools, and other services that we deploy elsewhere. It also governs the content that you as the user may publish through our service, including, but not limited to photos, videos, text, etc. If you do not agree to be bound by the Terms and Conditions, promptly exit this Site. If you violate these Terms and Conditions, your account may be frozen, deleted, or otherwise put on hold at our discretion. If we freeze or delete your account, you will not be reimbursed for funds spent on our services or campaigns dependent on our services. Any questions regarding these Terms and Conditions should be directed via email to support@dobango.com.

USER INFORMATION

By using this Site, (1) you represent and agree that you are bound by these Terms and Conditions, and (2) you acknowledge that you have read Dobango Website Privacy Policy (http://www.dobango.com/privacy) and consent to the disclosure and use of your information in accordance with the terms of and for the purposes set forth in the Privacy Policy.

GENERAL CONDITIONS

By using PinAds by Dobango, you acknowledge that it is a third party vendor to provide the necessary functions and services described within the product. In order to use this service, you acknowledge that you understand that your Pinterest login information may be stored and used to log in only to distribute, post, or deploy communications which you have designated or disseminated as approved content. These communications may include, but are not limited to, PinAds, pins, boards, contests, and other related updates. You also understand that Dobango is in no way, shape or form affiliated with, partnered with, or sponsored by Pinterest and does not assume responsibility for any misrepresentations that lead an individual, group, or business to assume so. The failure of Dobango to exercise or enforce any right or provision set forth by these Terms of Service does not constitute a waiver of the right or provision.

RESTRICTED LICENSE

On the condition that you comply with all your obligations under these Terms, Dobango hereby grants you a non-exclusive, non-transferable, restricted license (without the right to sublicense) to access the Website and use the Services in accordance with these Terms and the instructions and guidelines posted on the Website. Dobango reserves the rights to terminate your license to use the Website and Services at any time and for any reason. We reserve the right to charge a fee for your restricted license to use our services. You may not use the PinAds by Dobango to substantially replicate products or services offered by Dobango including the republication of content or the creation of a separate professional Pinterest contest networking platform. If Dobango believes, in its sole discretion, that you have violated or attempted to violate these Terms, your ability to use and access the Services may be temporarily or permanently revoked, with or without notice. Dobango reserves the right to investigate possible violations of these Terms, block users from accessing the Dobango Services, and refer matters to law enforcement authorities or further investigation.

You agree that if Dobango determines or reasonably suspects that you are reselling or brokering the Dobango Services’ information, programs, computer applications, or data, or is otherwise violating any provision of these Terms, Dobango may take immediate action, including terminating the delivery of, and the license to use, Dobango’s Pinterest Marketing Platform and any other related services. Dobango reserves the right to use whatever means it deems appropriate to monitor your compliance with these Terms. Dobango reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of its services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

RELEASE AND LIMITATIONS OF LIABILITY

The services by Dobango are provided “as is,” “as available,” with all faults and without warranties, representations, or guarantees of any kind. Use of these services is entirely at your own risk. Dobango does not make any guarantees of any kind about the quality, accuracy, reliability, or timeliness of its services. Furthermore, Dobango does not assume any responsibility for any errors, discrepancies, limitations, bugs, or other errors in the services.

You are responsible for your use of PinAds by Dobango and any products and/or services therein or made available to others through your contest. You take all risks associated with the Services and any Contest accessed or made available to others through your account. Dobango will not be held responsible for your use or abuse of the Services or for any such Content. To access or use the Services, you must be able to form a binding contract with Dobango and you must not be prohibited from receiving the Services under United States law or any other applicable laws. Dobango may change the Services or stop providing them (temporarily or permanently) at any time without notice. You acknowledge that the Services allow you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) ("Third Party Service Providers"). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider. In the event that you violate the terms and conditions of a Third Party Service Provider, Dobango will not accept liability for your violation and any consequences that result from your violation. Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and Dobango may (but has no obligation to) terminate your ability to access or use the Services at any time.

PINADS

By using PinAds by Dobango as an Advertiser, you agree that your advertisement will be published to one or more random Influencer boards, which is categorized by the same category you have selected for your advertisement. You also agree to Dobango’s distribution rate of PinAds per selected budget and goal clicks, which may vary based on the number of Influencers available to publish PinAds. By using PinAds by Dobango, you also agree to pay in full for your selected budget before the advertisement will run. Should you choose to increase the budget for your PinAd, you agree to do so and pay for the difference in original budget and new budget before the PinAd expires. In addition, if you have chosen an end date and your advertisement’s budget limit has not been reached by that date, you will not be refunded for the difference in achieved budget or achieved clicks and remaining budget or remaining clicks.

By using PinAds by Dobango you also agree to refrain from publishing any content that is defamatory, slanderous, libelous, or otherwise offensive. You agree to refrain from publishing content that is prohibited per Pinterest’s terms of service. If you fail to meet this term by publishing prohibited content and your content is subsequently removed from Pinterest or any other related social network, Dobango will not provide a refund for your PinAd. Dobango also reserves the right to suspend or remove any inappropriate content published by you or any your agents. If you continuously publish PinAds with prohibited content, Dobango reserves the right to temporarily or permanently bar your use of PinAds.

By using PinAds as an Influencer, you agree to allow PinAds to publish advertisements to your permitted Pinterest boards and categories as specified by you. You agree to allow PinAds to publish advertisements from various businesses, promotions, and other initiatives. You also agree to be paid for your permissions and publishing of PinAds, less any expenses, taxes, and service charges for the service. In the event that an Advertiser publishes prohibited content to your Pinterest account, you agree not to hold Dobango liable for the content and/or any consequences as a result thereof.

Additionally, in order to collect payment from PinAds by Dobango, you must accrue at least $100 USD before exporting payment. Influencers seeking to collect payment must also fill out the appropriate W-9 or W-8BEN IRS form and submit it for approval before collecting payment. Dobango does not accept liability for any errors or false representations on the user’s part.

CONTESTS AND PROMOTIONS

PinAds by Dobango facilitates the planning and deployment of specialized campaigns, promotions, and contests to live specifically on Pinterest.com. Dobango in no way accepts responsibility for the success or failure of a campaign, promotion or contest created through our site. Dobango will not assume responsibility for any negative results or legal repercussions caused as a result of a campaign planned by you or your company. You as the brand manager are responsible for sufficient communication with your contest participants, including, but not limited to; 1) contest description and rules, 2) contest terms of service (independent from these terms), 3) emails automatically sent to contest participants, and 4) follow up communication for prizewinners. You are also responsible for the distribution of prizes offered in your contest. Additionally, you agree to pay in full the price of a contest before launching it. If for any reason your contest is compromised or cancelled on your part, you will not receive a refund.

DISPUTES

Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, your usage of Dobango’s products and services shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Santa Clara County, California, United States of America. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Service, rights and obligations, or rights and obligations of contest participants, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of California’s.

INTERNATIONAL USE

By choosing to access this Site or any Dobango Service from any location other than the United States, you accept full responsibility for compliance with all applicable local laws. Dobango makes no representation that materials on this Site or the Dobango Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You shall not use, export or re-export any materials from this Site or Dobango’s Services in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

PRIVACY

Dobango is committed to doing business with the highest ethical standards and appropriate internal controls. We are also committed to providing better service to our members. Our Privacy Policy applies to all users of our Website and Software. Dobango’s User Agreement is incorporated herein by reference. All defined terms in the Privacy Policy shall have the same meaning as defined in the User Agreement. Dobango adheres to the following policies with regards to your privacy. Please refer to http://www.dobango.com/privacy for the original text of Dobango’s Privacy Policy.