ThePineapple - thepineapple terms of use

Terms of Use

Terms of Use

Last Modified: February 22, 2022

Welcome to thepineapple.com! Please read these Terms of Use, our Privacy Policy available here, and our Cookie Policy available here (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this website and euphor.ai Inc.’s services, as described further below. 


Acceptance of the Terms of Use  

These terms of use are entered into by and between you and euphor.ai Inc. (“euphor.ai,” “Company,” “we,” “our,” or “us”), and they govern your access to and use of the thepineapple.com website, mobile application, and/or euphor.ai software (the “Platform”), including any content, functionality, features, and services offered on or through the Platform, whether as a guest or a registered user.   

Please read the Terms carefully before you start to use the Platform. By using the Platform, or by checking that you accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and Cookie Policy, incorporated herein by reference. If you do not agree to these Terms of Use, the Privacy Policy, or the Cookie Policy, do not access or use the Platform or any euphor.ai Services, but please get in touch with us so we can try to help.

Term

This agreement remains in full force and effect while you use the Platform. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 

 

Eligibility

The Platform is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.

 

Changes to the Terms of Use  

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform or our Services following the posting of revised Terms means you accept and agree to the changes.

The Platform; Use of the Platform

The Platform is a media platform that provides editorial content (including but not limited to written, images, video, and audio content), such as news, educational and information articles, product reviews and information, guides, and entertainment content for its users. As the Platform evolves, the content and user functionality provided on the Platform may also change. We are always looking for ways to improve user experience while accessing and using the Platform, and our updates are made with this in mind.

The Platform is currently run and operated within the United States. euphor.ai makes no representations that the Platform is appropriate or available in other locations other than where it is operated by euphor.ai. 

Subject to your compliance with these Terms, euphor.ai grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Platform in accordance with these Terms. We reserve the right to refuse services, terminate accounts, and remove or edit content published or hosted on the Platform in our sole discretion. euphor.ai has the right to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability, and equipment needed for access or use at any time and without specific notice.

User Contributions  

The Platform may contain certain interactive features, such as articles and blog comment posting areas (collectively, “Interactive Services”) that may allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) comments on content posted or hosted on the Platform (collectively, “User Contributions”) on or through the Platform. Users are currently limited to the Interactive Services offered and available to them through the Platform, including any restriction applicable to these Interactive Services, such as content post length restriction (if any), as may be in effect at the time of using the Interactive Services. 

In addition, euphor.ai may employ the use of Disqus, Inc. (“Disqus”) to host and publish User Contributions, such as user comments on content on the Platform. You may be required to create an account through Disqus in order to post such User Contributions. If you are required to create an account through Disqus, your use of Disqus will be governed by Disqus’s term of service, which can be found here

Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose. 

 You represent and warrant that:

 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms of Use.

  • Neither the User Contributions nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor euphor.ai’s use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You understand and acknowledge that you are responsible for any User Contributions you submit or post, and you, not euphor.ai, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You further understand and acknowledge that if any of your User Contribution contains content or links to content that is in violation of the Terms, euphor.ai, in its sole discretion, may remove such content, links, or User Contributions altogether.

 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform. Please consider the risks of revealing personal information (such as name, phone number, street address, or other personal information) about yourself or others in any User Contribution, including when connecting to the Platform through a third party service such as Disqus.You are responsible for any consequences of sharing personal information about yourself on public areas of the Platform and through your User Contributions.

 

Accessing the Platform and Account Security  

We reserve the right to withdraw or amend the Platform, and any service, material, or content we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You may be permitted to access the Platform without creating an account for a limited time, but in order to take full advantage of the Platform and access to the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information to create an account, including but not limited to your email, a unique username, your birthday, and a password. You may also add additional information to your account such as a personal photo, but this is not required. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register for an account with the Platform or otherwise is governed by our Privacy Policy and Cookie Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and Cookie Policy.

You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Fees

While we do not currently charge fees for access to the Platform, we reserve the right at any time to charge fees for access to the Platform or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access or use of the Platform unless we obtain your prior agreement and consent to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services (if or once available). Details regarding the content, access, or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement and consent to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) the Terms.

Changes to the Platform

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

​​Licensed Application

Once available, if you download the euphor.ai’s mobile application, you agree and understand that the mobile application and all related products and software (collectively, the “Application”) are licensed, not sold, to you for use only under these Terms of Use. euphor.ai reserves all rights not expressly granted to you.

This license granted to you for the Application by euphor.ai is limited to a non-transferable license to use the Application on any device that you own or control and as permitted by these Terms of Use and any other terms that may apply when you download the Application. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy (except as expressly permitted herein), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of euphor.ai and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by euphor.ai that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

This license is in addition to any license terms required by Apple, Google, or any other source from which you may download the Application, and all are binding on you. In the event that this license conflicts with other license terms, these terms control.  

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Platform (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Platform and (b) promote the Platform, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

Intellectual Property Rights  

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by euphor.ai, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only, subject to the following restrictions: 

  • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as it is created and owned by you. 

  • You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  • You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

  • No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by euphor.ai. 

Trademarks  

The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of euphor.ai or its affiliates or licensors. You must not use such marks without the prior written permission of euphor.ai. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to our Copyright Agent by submitting a form through our Contact/Help section on the Platform. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your name.

  • The name and description of the work that is being infringed. 

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. 

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.


Prohibited Uses  

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate euphor.ai, an euphor.ai employee, another user, or any other person or entity. 

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend euphor.ai or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Platform.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Take any action that may damage or falsify euphor.ai or Platform rating.

  • Otherwise attempt to interfere with the proper working of the Platform. 

Monitoring and Enforcement; Termination  

We have the right to: 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for euphor.ai.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS EUPHOR.AI AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted  

All content and materials provided on the Platform, including User Contributions, are intended for general information, general discussion, education, and entertainment purposes only. This content is neither endorsed or verified by euphor.ai. We do not warrant the accuracy, completeness, or usefulness of any information or content on the Platform, including User Contributions. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services that may contain facts, views, opinions, and/or statements. All statements and/or opinions expressed in these materials, and all articles and responses to questions or other content, other than the content provided by euphor.ai are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of euphor.ai. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Users Outside the U.S.

The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. 

 

Disclaimer of Warranties  

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EUPHOR.AI NOR ANY PERSON ASSOCIATED WITH EUPHOR.AI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER EUPHOR.AI NOR ANYONE ASSOCIATED WITH EUPHOR.AI REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EUPHOR.AI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability  

IN NO EVENT WILL EUPHOR.AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EUPHOR.AI AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID (IF ANY) TO EUPHOR.AI FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification  

You agree to defend, indemnify, and hold harmless euphor.ai, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

 

Governing Law

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

  

Arbitration  

At euphor.ai’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Waiver and Severability  

No waiver by euphor.ai of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of euphor.ai to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement  

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and euphor.ai Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

 

Your Comments and Concerns  

The Platform is operated by euphor.ai Inc., 900 E. Hamilton Avenue, Suite 100 PMG #94, Campbell, CA 95008.

All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to euphor.ai by submitting a form through the Contact/Help section of the Platform.

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