Terms of Service

Terms of Service Agreement for All Dynamic Global Websites

Last Updated: June 19, 2013

Welcome to the Terms of Service Agreement (TOS) for Dynamic Global, PimpMyZwinky, FlashyCodes, SearchCoolThings, and SquarePeeps from Dynamic Global (DG). This agreement describes the terms on which you may access and use our services. In any area where this document refers to “Website,” this should be read as referring to the Dynamic Global website and services, as well as referring to all of the related services, including but not limited to: PimpMyZwinky, SpeedGUI, Codesnarfer, Snarfaroo, SearchCoolThings, and SquarePeeps websites and services. In order to become a Websites user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the Dynamic Global Privacy Policy and this TOS, the TOS shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Websites indicates your acceptance of the amended TOS.

Description of Service
Some of our Websites such as PimpMyZwinky are online services offered to enable people to save, share, search, and collect public HTML codes that they can use for their own purposes. These codes are often subsequently used to decorate personal web pages, or profile pages in social networking sites. Websites such as PimpMyZwinky do not host any content, apart from files necessary to provide the service itself. Websites such as PimpMyZwinky may display previews that simulate what a code may look like if and when a user decides to use the code on any personal web pages or profile pages in social networking sites. These previews are samplings and are intended to have no purpose outside of showing what a code may look like if used on other websites by our users.

Membership Eligibility
Portions of the Websites are available to the general public, however certain portions, and certain features may not available to minors under the age of 13 or to any users suspended or removed from the system by DG for any reason. These certain features that are not available to minors under the age of 13 include, but are not limited to, the ability to post codes for public use, and the ability to maintain a profile which may contain personal information. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Websites account to another party. If you do not qualify, you may not use the Websites.

Use of Service
Your use of the Websites is governed by this TOS. DG may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify DG of any unauthorized use of your password or account or any other breach of security. DG cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination
You agree that DG may, with or without cause, immediately terminate your Websites account and access to the Websites without prior notice. Without limiting the foregoing, the following will lead to a termination by DG of a user’s use of the Websites (a) breaches or violations of this TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Websites account includes removal of access to all offerings within the Websites and may also bar you from further use of the Websites. Furthermore, you agree that all terminations shall be made in DG’s sole discretion and that DG shall not be liable to you nor any third-party for any termination of your account or access to the Websites.

User Conduct
You understand and agree not to use Websites to:

Use the Websites for any illegal purpose, including but not limited to conspiring to violate laws.
Post content or initiate communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or giving false age, or your affiliations with a person or entity, past or present.
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using Websites invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Websites to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; c) Posting codes that contain solicitations, and d) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Stalk or harass anyone.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Websites.
Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
Interfere with or disrupt the Websites or servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites.

Information Provided on Websites
In the course of using the Websites, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Websites or otherwise providing materials to Website, you are granting to DG a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Websites. Furthermore, you understand that DG retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Websites is the sole responsibility of the person from which such content originated and that DG will not be liable for any errors or omissions in any content. You understand that DG cannot guarantee the identity of any other users with whom you may interact in the course of using the Websites. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Websites is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Dynamic Global Communications
In the course of providing you services, DG may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Websites, including a series of five or more welcome emails which help inform new users about various features of the Websites. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Websites.

Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Websites, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees
Signing up for a basic Websites account is free. Certain other services are provided for free only to beta users. DG reserves the right to charge for the Websites or any portion thereof, modify the pricing of, add to, or discontinue the Websites or any portion thereof without prior notice.

Indemnification
By accepting this TOS, you agree to indemnify and otherwise hold harmless DG, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Websites; ii) unauthorized access to or alteration of your communications with or through the Websites, or iii) any other matter relating to the Websites. Any transactions which may arise between users from their use of Websites are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that DG may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this TOS, or protect the rights, property, or safety of Website, its users, and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT DG DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. DG ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. DG 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.

dG MAKES NO WARRANTY THAT (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DG OR THROUGH OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
The TOS constitutes the entire agreement between you and DG and governs your use of the Websites, superseding any prior agreements between you and DG.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL DG’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law
The TOS between you and DG will be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles.

General Information
All Websites page content and design, all Websites artwork, graphics and logos, names, and the like are all are trademarks of DG. You agree not to display or use these trademarks in any manner without DG’s prior, written permission. The section titles of this TOS are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the TOS to:

TOS_issues@dynamicglobal.com

Updated: December 22, 2006 – Created
Updated: December 26, 2006 – Language in “Description of Service”
Updated: September 30, 2007 – New domains
Updated: December 6, 2009 – Domain changes
Updated: June 19, 2013 – Name and domain changes