Terms & Conditions

Our website address is: pinarexpress.com

Last Update: 08/22/2021

Terms of Use

Welcome to the Pinar Express or PinarExpress on the World Wide Web or Internet online site Website (the “Site”). Please review the following basic rules that govern your use of our Site, including any Pinar Express use of your User Generated Content (as defined below). Please note that your use of and any interactions you may have with our Site is subject to the following terms (“Terms”).

If you do not agree with any of these Terms, do not access, interact with, or otherwise use this Site or any information or materials contained on the Site. Your use of the Site, or consent for Pinar Express use of your User Generated Content, shall be deemed to be your agreement to abide by each of the Terms set forth below.

Use of Copyrighted Contents/Trademarks

Any products or services described in the Contents may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Pinar Express or third parties.

Links to Third Party Sites

This Site may be linked to other sites on the World Wide Web or Internet which are not affiliated with, under the control of, or otherwise maintained by Pinar Express. Such links do not constitute an endorsement by Pinar Express of those sites. You acknowledge that Pinar Express is providing these links to you only as a convenience, and further agree that Pinar Express does not endorse and is not responsible for the content of such sites.

Comments and Feedback

We welcome your comments and feedback (“Input”) regarding our Site and our products and our services. We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials, or other information. By communicating with Pinar Express, you acknowledge that all information contained in any Input from you or under your account shall be deemed to be non-confidential. Pinar Express shall have no obligation of any kind with respect to any such information in any Input, and shall be free to reproduce, use, disclose and distribute such information to others without limitation. This acknowledgment may only be changed by the written agreement of Pinar Express. Further, Pinar Express shall be free to use any ideas, concepts, know-how, or techniques contained in any such Input for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing products or services incorporating such information, and in the development or creation of any intellectual property associated therewith.

Social Media Submissions and User Generated Content

To communicate with its customers and consumers Pinar Express operates its own website and media channels, as well as pages and accounts on a number of third-party social media platforms and websites (e.g. Facebook and Instagram and others Social Media) (collectively the “Pinar Express Social Media Site(s)”). Pinar Express invites you to post comments, photographs, videos, and any other content on those media channels, websites, and platforms. All content you choose to post on any Pinar Express Social Media Sites, or on any other social media page or site (a “Third Party Social Media Site(s)”), including but not limited to comments, photographs, and videos is referred to here as “User Generated Content” or “UGC.” Furthermore, the term “Submissions” here includes your UGC plus your social media handle and other materials related to your UGC.

For the good and valuable consideration of the potential further dissemination of your Submissions, you agree to be bound by these Terms and the License Grant below, with respect to your Submissions, under a variety of circumstances, including but not limited to:

  • Accessing, browsing, posting to, uploading, providing a Submission to or using any Social Media Site(s).
  • Accessing, browsing, posting to, uploading, providing a Submission to or using any Pinar Express Social Media Site(s).
  • Posting content on a Third-Party Social Media Site or Pinar Express Social Media Site using a Pinar Express hashtag or tagging Pinar Express
  • Any situation in which Pinar Express contacts you on a Third-Party social media Site, and ask you directly (in response to or in the comments to a post, via direct message, or via an email address provided by you) and you agree to allow Pinar Express to use your Submissions in accordance and agreement with these Terms.

You hereby represent and warrant that:

  1. you are a legally competent adult,
  2. you own all rights to your Submissions,
  3. you have permission from all persons appearing in your Submissions to grant the rights conveyed herein,
  4. use of your Submissions will not violate the rights of any third party, and
  5. your Submissions do not violate and laws or regulations, and is not and will not be defamatory or libelous
  6. You hereby release and discharge Pinar Express from any and all claims and demands that may arise out of or in connection with the use of your Submissions including, but not limited to, any and all claims for libel or violation of any right of privacy.

License Grant

  • By agreeing to or engaging in any of the activities noted above, you grant to Pinar Express the absolute, perpetual, irrevocable, royalty-free, non-exclusive, transferable right, and unrestricted permission to use your Submissions in any manner, in whole or in part, individually or in connection with other material in any and all media now in existence or hereafter known, including, but not limited to posting on any Pinar Express Social Media Site(s) and Internet sites, for any purpose, whatsoever, including, without limitation, advertising, promotion, illustration, art, editorial, and trade, without restriction as to alterations, and to use your name in connection with any use, if Pinar Express so chooses, with no obligation to you whatsoever. Pinar Express shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.

License Grant

  • By agreeing to or engaging in any of the activities noted above, you grant to Pinar Express the absolute, perpetual, irrevocable, royalty-free, non-exclusive, transferable right, and unrestricted permission to use your Submissions in any manner, in whole or in part, individually or in connection with other material in any and all media now in existence or hereafter known, including, but not limited to posting on any Pinar Express Social Media Site(s) and Internet sites, for any purpose, whatsoever, including, without limitation, advertising, promotion, illustration, art, editorial, and trade, without restriction as to alterations, and to use your name in connection with any use, if Pinar Express so chooses, with no obligation to you whatsoever. Pinar Express shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.

Disclaimer of Warranties

Although Pinar Express endeavors to provide current, accurate, and reliable information on this site, it does not warrant or make any representations regarding the accuracy, reliability, or use of information on this site. You acknowledge by your use of the site, that you do so at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of this site, and that, to the maximum extent permitted by applicable law, Pinar Express and its suppliers shall not be liable for any damages of any kind related to your use of, or inability to use, this site, including without limitation, direct, indirect, special, compensatory or consequential damages, lost profits and/or loss of or damage to property, even if Pinar Express has been advised of the possibility of such damages.

Pinar Express does not warrant that your use of this site, or the operation or function of this site, any component thereof, or any products offered in connection therewith, will be uninterrupted or error-free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements.

The contents and any other information (“materials”) contained on this site are provided “as is” without any express, implied, or statutory warranty of any kind including warranties of accuracy, completeness, availability, security, compatibility, merchantability, title, non-infringement of third-party rights, or fitness for any particular purpose.

The disclaimers in this section apply to the maximum extent permitted by applicable law.

Limitation of liability

In no event shall Pinar Express or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, the cost of procurement of substitute goods or services, unauthorized access or alteration of your transmissions or data, or anything else arising from the use or inability to use the site, even if Pinar Express has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Unless otherwise specifically provided by law, in no event shall Pinar Express total liability to you for all damages, losses, and causes of action whether, in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to the site. Moreover, under no circumstances shall Pinar Express, its licensors or licensees, or any of the foregoing entities’ respective distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from any act of force majeure or causes beyond Pinar Express’s or their reasonable control.

The limitations in this section apply to the maximum extent permitted by applicable law.

Indemnity

You hereby agree to indemnify, defend, and hold Pinar Express, its licensors, licensees, representatives, and other authorized users, and each of the foregoing entities’ service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from Pinar Express use of your UGC, and your use of, or interaction with the Site. You must use your best efforts to cooperate with Pinar Express in the defense of any claim. Pinar Express reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

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