Terms

Welcome to the website of [PINCH HIT, LLC] ("Afingo", "us" or "we"). Your use of this website (the "Site") is subject to the following terms of use ("Terms of Use") which applies to all information, advertising and services provided by the Site.

By accessing, browsing, or otherwise using the Site, you agree that you have fully understood and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations as they may exist from time to time and be applicable to the Site and its operation. You also agree to the privacy conditions and policies of the Site (the "Privacy Policy"), which are part of these Terms of Use. In the event that you do not agree to be bound by the Terms of Use, you may not access or otherwise use the Site.
In addition to any other rights, Afingo may in its sole and absolute discretion and without further notice to you, terminate the right of any user to use in any fashion or participate in any way on the Site.

Afingo may amend, change or modify these Terms of Use, at its sole discretion, at any time by posting the amended terms on the Site. The amended terms shall be effective automatically upon being posted on the Site. Your continued use of any of the Site following the posting of any changes will be deemed your agreement to the amended terms and conditions.

1. LICENSE TO USE THE SITE
Upon acceptance by you of these Terms of Use, as they may exist from time to time, you shall be granted a non-exclusive, non-transferable and a limited right to access, use and display the Site and the materials thereon provided you continue to comply with our Terms of Use.

2. NON-INTERFERENCE
You agree that you will not in any way interfere with the operation of the Site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us or the availability of the Site to any individual who wishes to access any part of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use any "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content (as defined below). In the event of any such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use the Site and to use all legal actions available to us against you. Afingo reserves the right to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Afingo or its third-party partners, sponsors or advertisers, service providers, licensors or any other user of the Site.

3. ELIGIBILITY
You must be 13 years or older to access this Site. You must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you do not qualify, please do not use the Site. We may refuse our services to anyone or limit your use of any or all of the Site, at any time, in our sole discretion.

4. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that the Site contains information, visual interfaces, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, artwork and other material, and all copyrightable or otherwise legally protectible elements of the Site including the design, structure, selection, "look and feel" and arrangement of such content, (collectively "Content"), that is either owned, controlled or licensed by Afingo and that all Content on the Site is protected by copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

All Content is copyrighted by Afingo or its affiliates as a collective work under the U.S. copyright laws, and Afingo or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

5. PRIVACY
We recognize and respect the importance of maintaining the privacy of our users and have established the Privacy Policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy.

6. USER CONTENT
As between you and Afingo, you own all of the content and information you post on Afingo. In order to provide you access to the Site, content and other services, you grant Afingo a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with the Site. When you delete your content or your account this limited license shall terminate, provided, however, you understand (i) that removed content may persist in backup copies for a reasonable period of time and (ii) to the extent your content has been shared with others they may have not deleted it.

7. USER REPRESENTATIONS
You warrant and represent to us, which representation we rely upon, that you will not up-load, post or transmit to a distributor or otherwise permit or publish through the Site any information and materials which may inhibit the utilization and use of the Site, which may be unlawful, infringing, abusive, harassing, libelous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to civil liability, to use or violate any intellectual property rights of other parties, violate personal or privacy rights of third parties, provide us with any false or misleading information about you, or otherwise post unauthorized commercial communications to users (such as spam).

8. ACCOUNT, PASSWORD AND SECURITY
Certain services offered on or through the Site may require you to open an account. You are responsible for maintaining the confidentiality of any account information (including any password) you are given to access the Site, and are fully responsible for all activities that occur under your account. You agree to notify Afingo immediately of any unauthorized use of your account. Afingo is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

9. INDEMNIFICATION
You, your heirs, successors and assigns hereby agree to indemnify and save us harmless from and against any claims, actions and liabilities incurred, including all legal costs and expenses of any kind, in connection with any claim arising out of or based upon or occurring from your use of the Site or arising from your alleged breach of any of your agreements, covenants, warranties, representations and obligations under the Terms of Use. Your indemnification obligations shall extend to Afingo and its directors, officers, owners, affiliates, employees, agents and sub-agents. In the event of that any such claim or action is asserted against us, or our officers, directors, owners, affiliates, employees, agents and sub-agents, we shall have the right at our own expense to assume the exclusive defense and control of any such claim or action against us and no settlement shall be made by you without our prior written consent to be exercised on a reasonable basis.

10. LINKS TO OTHER WEB SITES
The Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Afingo is not responsible for the availability of, and content provided on, third party websites. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Afingo is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the Afingo is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Afingo is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

11. PURCHASES, SERVICES AND OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, sweepstakes, promotions or other similar features, all of which terms are hereby incorporated into these Terms of Use. You agree to abide by such other terms and conditions. If the event of a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service or product offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service or product. Afingo has no responsibility or liability whatsoever for goods or services obtained from third party web sites or web pages, even if you were directed or linked to such web site or web page through the Site. Afingo’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to amend such agreements.

Afingo does not guarantee that any products or services offered on the Site will still be available. Afingo may in its sole and absolute discretion and without further notice to you, make changes to products or services or the applicable prices for such services or products. If a product or service offered by Afingo itself is not as described, your sole remedy is to return it in unused condition. The receipt of an email order confirmation is simply notification that we have received your requested order, and does not constitute an offer to sell. Afingo reserves the right to limit the quantity of any item sold, or prohibit a sale altogether.

Products sold by Afingo maybe returned in saleable condition within 30 days of delivery for a full refund. Afingo does not accept returns of: (i) any item that is returned more than 30 days after delivery; (ii) any item that is not in its original condition, is damaged, or is missing parts(including without limitation items that have been laundered or altered in any way); or (iv) tickets to shows or events. You are solely responsible for return postage unless due to an error on the part of Afingo. Afingo will not be responsible for lost packages.

12. CONTROL OF SITE
Afingo may at any time, and from time to time, in its sole discretion, modify or discontinue any or all of the Sites on a temporary or permanent basis without notice or liability to you or any other user of any of the Sites. We may also impose limits on certain features and services and restrict access to all or any portion of the Site without notice or liability to you.

13. DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS. AFINGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AFINGO MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. AFINGO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE; OR (E) DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. AFINGO RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

14. LIMITATION OF LIABILITY
WE PROVIDE THE SITE AND OUR SERVICES ON AN "AS IS" and "AS AVAILABLE" BASIS. To the full extent permissible under the applicable law, neither we nor our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, including without limitation lost profits, revenues or data arising out of or in connection with the Site, the inability to use the Site or resulting from any goods or services purchased or obtained or the non-fulfilment of such purchases or for messages received or business transactions entered into through the Site. Your sole remedy shall be to discontinue using the Site.

15. PUBLIC AND PRIVATE COMMUNICATIONS
You acknowledge that transmissions to and from the Site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to Afingo, its directors, officers, employees or its agents via the Site will be considered public and nonproprietary. Afingo will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.

16. USERS OUTSIDE THE UNITED STATES OF AMERICA
Access to the Site from outside of the United States of America is subject to local laws which are the responsibility of the website user. In any event, all website users agree to comply with all applicable laws relevant to website use in the location of such user and website use. Afingo will not be responsible and makes no representations that objects for sale on any of the Sites and their associated intellectual property rights are available for use in locations outside of the United States of America.

17. APPLICABLE LAW
These Terms of Use and use of all of the Sites shall be governed by the laws of the State of New York without giving effect to its conflict of laws provisions. Both parties agree that any claim or cause of action shall be brought in the federal or state court, of New York County, New York and hereby consent to the jurisdiction of such courts.

18. VOID OR UNENFORCEABLE PROVISION
In the event that any provision of the Terms of Use shall be held to be void or unenforceable by reason of the applicable law, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the balance of the provisions of the Terms of Use, which Terms of Use shall continue in full force and effect.

19. WAIVER
The waiver or failure to exercise any rights under these Terms of Use shall not prevent the future enforcement of the remainder of such right and shall not be deemed in waiver of any subsequent rights.

20. HEADINGS
Headings used in this user agreement are for convenience only and are not to be relied upon.

21. BINDING EFFECTIVE AGREEMENT
The Terms of Use is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights and obligations hereunder to any other party without our prior written consent, which consent is subject to our sole discretion. We may assign our rights and obligations under these Terms of Use to any affiliate, successor or other company related to Afingo upon notice thereof to you.