These terms of service are a contract between you and McMouse Management Pty Ltd. By using pinsmack.com (the “Site”), creating your account and using the site or our mobile applications to view content you’re agreeing to these Terms of Service. If you don’t agree to any of these terms, you can’t use the McMouse Management Pty Ltd Services. Your access to and use of the Pinsmack Content is subject to the following restrictions:
Content Usage Restrictions
0.1 Personal Use Only: Pinsmack Commercial Content is provided for your personal, non-commercial use only. You may not use the content for any commercial or promotional purposes.
0.2 No Distribution or Copying : You may not sell, distribute, or publicly display any Pinsmack Commercial Content. You are also prohibited from making copies, renting, or lending any content accessed through the platform.
0.3 Digital Rights Management (DRM) : Pinsmack uses DRM to protect its content. By accessing content, you agree to abide by the following:
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No Circumventing DRM: You are prohibited from disabling or bypassing DRM.
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Penalties for DRM Circumvention: Any attempt to bypass DRM will result in penalties, including account termination and legal consequences.
In addition to the foregoing, if You have obtained access to Pinsmack Content by purchasing a Membership, except for any limited-time promotions, Your access to the Membership is conditioned upon timely payment and maintenance of your Membership account; and You will not have access to Pinsmack Commercial Content if your Membership is cancelled, allowed to lapse, or terminated for non-payment.
Your membership entitles you to access all books in the Pinsmack library during your subscription plan. New titles are released every Friday, ensuring a steady flow of fresh content. Pinsmack reserves the right to modify, withdraw, or delay access to any specific book at any time, including due to errors, member complaints, or content provider changes. While we strive to keep content available, we do not guarantee the availability of promised titles at specific release times based on geographical time zone.
You Need to be 18 years old
Pinsmack is intended for users aged 18 and older. If you are under the age of 18, you must have the consent of a parent or legal guardian to use the service. By allowing your child or ward to access Pinsmack, you, as the parent or guardian, agree to be responsible for their use of the service and ensuring they comply with these Terms of Service.
We do not intentionally collect personal information from users under the age of 18. If we learn that a user under 18 has accessed the service without proper parental consent, we will take steps to remove their access and terminate their account.
Pinsmack offers a dedicated Kids Zone that provides age-appropriate eBooks and content designed for younger audiences. Parents and guardians are encouraged to explore the content in this section to ensure that it aligns with their child's age and maturity level.
By using Pinsmack, you confirm that you meet the age requirements or that you are using the service with proper consent and supervision.
You Need an Account
1. 1. You can’t browse very much on the Site or use the services without registering for an account. To get the most out of the Pinsmack (the “Site”), you’ll need to register, choose an account name, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership 24 hours before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer several membership plans Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Pinsmack membership by visiting www.pinsmack.com and clicking on the "Subscriptions" link available at the top of the pages under your profile name.
1 .3. You are responsible for maintaining the confidentiality of your account and password. Any activity on your account is your responsibility, and we are not liable for any unauthorized access to your account. If you find out that someone’s used your account without your permission, you should report it at Support@pinsmack.com.
Account Management
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Confidentiality and Responsibility
You are responsible for maintaining the confidentiality of your account and password. Any activity on your account is your responsibility, and we are not liable for any unauthorized access to your account. If you suspect unauthorized use of your account, please report it immediately to Support@pinsmack.com. -
Lost Password or Unauthorized Access
If you forget your password or believe that your account has been accessed without your authorization, you should take immediate action to secure your account. You can reset your password by following the instructions provided on the “Forgot Password” login page.-
If you believe that unauthorized access has occurred, please contact us immediately at Support@pinsmack.com to report the issue.
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We recommend that you update your password regularly and use a strong password that is difficult to guess.
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Billing and Cancellation
2.1. Billing Cycle: The membership fee for the Pinsmack service, and any other charges you may incur in connection with your use of the service (such as taxes or transaction fees), will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle depends on the subscription you choose. In some cases, your payment date may change if your Payment Method is declined, your subscription plan changes, or if your membership began on a day not contained in a given month. You can visit the "Subscription" page for your next payment date.
2.2. Payment Methods: To use the Pinsmack service, you must provide valid Payment Methods. You authorize us to charge any Payment Method associated with your account if your primary Payment Method is declined. You remain responsible for any unpaid amounts. If your payment fails and you don’t cancel your account, we may suspend your access until a valid payment method is provided.
2.3. Updating Your Payment Methods: You can update your Payment Methods through the "Account" page. We may also update your Payment Methods using information provided by your payment service provider. You authorize us to continue charging the applicable Payment Method(s) after any updates.
2.4. Cancellation: You can cancel your Pinsmack membership at any time. However, to avoid being charged for the next billing cycle, you must cancel at least 24 hours before the next billing date. If you cancel, you will continue to have access to the service through the end of your current billing period. Unless required by law, all payments are final and non-refundable.
2.5. Changes to Price and Subscription Plans: We may change subscription plans and prices, but we will notify you of any changes via email.
Intellectual Property
All rights, title, and interest in and to the Pinsmack content, including but not limited to books, text, graphics, images, videos, audio, software, and any related materials (the “Content”), are owned by McMouse Management Pty Ltd or its licensors. By using Pinsmack, you are granted a limited, non-exclusive, non-transferable right to access and view the Content exclusively for personal, non-commercial use in accordance with these Terms of Service. No other rights, including the right to copy, distribute, modify, or create derivative works from the Content, are granted to you.
Limitation of Liability
To the fullest extent permitted by law, McMouse Management Pty Ltd, its affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Pinsmack platform, its content, or services. This includes, but is not limited to, disruptions, technical failures, interruptions in service, or any loss of data.
3.1 Content Availability and Accuracy: We do not guarantee that the content available on Pinsmack, including all original fictional works created in-house, will be error-free or uninterrupted. While we strive to ensure the highest quality and consistency of our content, we are not responsible for any technical issues, including delays or failures in content availability. Content may be subject to factors outside our control, such as technical malfunctions, server issues, or unexpected changes in platform functionality.
3.2 Service Disruptions: We are not responsible for any disruptions in service or delays in accessing content, including original works, due to unforeseen circumstances. These may include, but are not limited to, internet outages, server issues, software bugs, or external events beyond our reasonable control. Additionally, while we aim to provide continuous access to our original works, there may be temporary interruptions that prevent access to specific content.
3.3 No Guarantee of Continuity or Accuracy: Pinsmack makes no guarantee regarding the continued availability of specific original works or content. We reserve the right to modify, withdraw, or delay access to any particular piece of content at our discretion. This may occur for reasons such as internal updates, technical issues, or other operational needs. While we aim to provide a seamless user experience, we do not guarantee that all content will always be accessible, accurate, or available at all times. By using Pinsmack, you acknowledge and agree to these limitations, understanding that service disruptions and content unavailability are inherent risks of using an online platform for original works.
Force Majeure
Pinsmack shall not be held liable for any failure or delay in fulfilling our obligations under these Terms of Service due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, wars, acts of terrorism, government regulations, power outages, technical malfunctions, labor disputes, or any other event that prevents us from providing service. In such cases, we will make reasonable efforts to restore service as quickly as possible but cannot guarantee continuous or uninterrupted availability of the Content.
General Terms and Considerations
4.1 Dispute Resolution: In the event of any dispute or claim arising out of or relating to these Terms of Service, or your use of the Pinsmack platform, you agree to first attempt to resolve the matter informally by contacting Pinsmack’s support team at Support@pinsmack.com. If the dispute cannot be resolved informally, you agree to resolve the dispute through binding arbitration in accordance with the law.
4.2 Amendments: Pinsmack reserves the right to amend these Terms of Service at any time. Any changes will be posted on the Site, and such changes will become effective upon posting. We will provide notice of any significant changes, but it is your responsibility to review these Terms regularly to stay informed of any updates. Your continued use of the service after any changes to the Terms will constitute your acceptance of those changes.
4.3 Severability: If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
4.4 Entire Agreement: These Terms of Service, together with any other legal notices and agreements published by Pinsmack on the Site, shall constitute the entire agreement between you and McMouse Management Pty Ltd concerning the use of the Pinsmack platform and services. No other agreements, oral or written, shall be considered binding unless incorporated into these Terms.
