Terms of Service

Effective date: 19 July 2024

Welcome

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you as a user of PingPong (“Pingpong”) or any of our other products or services that are subject to them, (which we refer to collectively as the “Services”). Our Services are personalized, and we provide information about how they work in these Terms, our Privacy and Safety Hub, on our Support Site, and within the Services (such as notices, consents, and settings). The information we provide forms the main subject matter of these Terms.

Although we have tried our best to strip the legalese from the Terms, there are places where they may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding contract between you and Barrington Charles Rose, trading as PingPong (“PingPong”). So please read them carefully.

By using any of our Services, you agree to the Terms. If you don’t agree with the Terms, then don’t use the Services.

These Terms apply regardless of where you live or where your principal place of business is located. By using the Services, you agree that your relationship is governed by these Terms of Service.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND PingPong AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PingPong WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.

1. Who Can Use the Services

Our services are not directed to children under the age of 13, and you must confirm that you are 13 years or older to create an account and use the Services. If we have actual knowledge that you are under the age of 13 (or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater), we will cease providing the Services to you and delete your account and your data. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all such terms carefully. By using the Services, you represent, warrant, and agree that:

you can form a binding contract with PingPong;
you are not a person who is barred from using the Services under the laws of any applicable jurisdiction — including, for example, that you do not appear on any government’s list of prohibited or restricted parties;
you are not a convicted sex offender; and
you will comply with these Terms (including any other terms and policies referenced in these Terms, such as our Community Guidelines) and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

2. Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the settings you have selected.

For all content you submit to the Services, you grant PingPong and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

We call content submitted to public Services “Public Content.” Because Public Content is inherently public, you grant PingPong, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content in any form and in any and all media or distribution methods, now known or later developed, for commercial and non-commercial purposes.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms or any applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Services.

We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.

We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in anything we develop based on such feedback or suggestions.

3. Additional Terms for Specific Services

Additional terms and conditions listed on the PingPong Terms & Policies page or that are otherwise made available to you may apply to specific Services. If you use those Services, then those additional terms may apply and will then become part of these Terms. If you use any paid features that we make available to you on PingPong (such as premium subscriptions or tokens, but excluding advertising services) you agree that our Paid Features Terms apply. If any of the applicable additional terms conflict with these Terms, the additional terms will override and apply in place of the conflicting parts of these Terms while you are using the Services to which those additional terms apply.

4. Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy policy.

5. Personalized Recommendations

Our Services may provide a personalized experience to make them more relevant and engaging for you. We may recommend content, advertising, and other information to you based on what we know and infer about your and others’ interests from use of our Services. It is necessary for us to handle your personal information for this purpose, as we explain in our Privacy Policy. Personalization is also a condition of our contract with you for us to be able to do so, unless you opt to receive less personalization in the Services. You can find more information on personalized recommendations on our Support Site.

6. Content Moderation

Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although PingPong reserves the right to review, moderate, or remove all content that appears on the Services, we do not review all of it. So we cannot — and do not — guarantee that other users or the content they provide through the Services will comply with our Terms, Community Guidelines or our other terms, policies or guidelines.

Users can report content produced by others or others’ accounts for violation of our Terms, Community Guidelines or other guidelines and policies. More information about how to report content and accounts is available on our Support Site.

Upon receiving a complaint, we will:

ensure the complaint is reviewed in a timely, non-discriminatory, diligent and non-arbitrary manner;
act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content;
reverse our decision if we determine our initial assessment was incorrect; and
inform you of our decision and of any possibilities for redress promptly.

We hope you’ll understand any decisions we make about content or user accounts, but if you have any complaints or concerns, you can use the submission form available on our website or use available in-app options.

7. Respecting the Services and PingPong's Rights

As between you and us, PingPong is the owner of the Services, which includes all related brands, works of authorship, software, and other proprietary content, features, and technology.

You must also respect PingPong’s rights and adhere to any brand guidelines, support pages, or FAQs published by PingPong or our affiliates. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following and doing so may result in us terminating or suspending your access to the Services:

use branding, logos, icons, user interface elements, product or brand look and feel, designs, photographs, videos, or any other materials PingPong makes available via the Services, except as explicitly allowed by these Terms or other brand guidelines published by PingPong or our affiliates;
violate or infringe PingPong’s, our affiliates’, or any other third party’s copyrights, trademarks, or other intellectual property rights, including by using the Services to submit, display, post, create, or generate any infringing content;
copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make
derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality;
create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, or a friend link;
reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;
use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;
use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
probe, scan, or test the vulnerability of our Services or any system or network;
violate any applicable law or regulation in connection with your access to or use of the Services; or
access or use the Services in any way not expressly permitted by these Terms or our Community Guidelines.

8. Respecting Others' Rights

PingPong respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to the Services, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services and grant the rights and licenses contained in these Terms for your content.

PingPong honors copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If PingPong becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to suspend or terminate the user’s account.

If you believe that anything on the Services infringes a copyright that you own or control, please report it using the form accessible through our website. Or you may file a notice with our designated agent: [PingPong Copyright Agent Contact Information].

If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

9. Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that you will at all times comply with these Terms, including our Community Guidelines and any other policies PingPong makes available in order to maintain the safety of the Services.

If you fail to comply, we reserve the right to remove any offending content; terminate or limit the visibility of your account, and retain data relating to your account in accordance with our data retention policies; and notify third parties — including law enforcement — and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.

We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving. And never put yourself or others in harm’s way just to use PingPong features.

10. Your Account

To use certain Services, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to help keep your account secure is to select a strong password that you don’t use for any other account and to enable two-factor authentication. If you think that someone has gained access to your account, please immediately reach out to our Support team. Any software that we provide to you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You agree not to create any account if we have previously removed or banned you or your account from any of our Services, unless we consent otherwise.

11. Data Storage

Our Services may include features for storing your content and data. However, your content might become unavailable for any number of reasons, including things like an operational glitch or a decision on our end to terminate your account. Since we can’t promise that your content will always be available, we recommend keeping a separate copy of content you save to our Services. We make no promise that our data storage features will be able to accommodate your precise storage needs. We reserve the right to set storage limits for our Services, or to prohibit certain types of content from being eligible for storage, and we may change these limits and prohibitions from time to time in our sole discretion.

12. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services. This includes data charges and charges for messaging, such as SMS, MMS, or other messaging protocols or technologies (collectively, “Messages”). If you’re unsure what those charges may be, you should ask your service provider before using the Services.

By providing us with your mobile phone number you agree, among other things, to receive Messages from PingPong related to the Services, including about promotions (where we have consent or as permitted by law), your account, and your relationship with PingPong. You agree that these Messages may be received even if your mobile phone number is registered on any Telephone Preference Service (TPS) or other similar service.

If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.

13. Third-Party Services and Materials

Certain Services may display, include or make available content, data, information, applications, features, or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. By using the Services, you acknowledge and agree that PingPong is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites.

If you use any third-party services in connection with your use of our Services, you may be subject to that third party’s terms and conditions and privacy policies. We do not endorse these third-party services and are not responsible or liable for any content, advertising, products, or other materials on or available from such services. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party service.

14. Modifying the Services and Termination

We’re constantly improving our Services and creating new ones. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.

We may need to update these Terms from time to time, including to accurately reflect our Services or to comply with applicable law. We’ll notify you of material changes to these Terms through in-app notifications or through other reasonable means. Changes to these Terms will be effective no sooner than 30 days after we notify you, except for changes addressing new functions for a Service or changes made for legal reasons, which will be effective immediately. If you don’t agree to the new terms, you should stop using PingPong and our Services.

While we hope you remain a lifelong PingPong user, you can terminate these Terms at any time and for any reason by deleting your account.

We may restrict, suspend, or terminate your access to the Services if you fail to comply with these Terms, our Community Guidelines or the law, or for any other reason. We may also terminate or change these Terms, or stop providing all or part of the Services at any time. In such a case, we’ll notify you in advance, except in urgent situations such as preventing ongoing illegal behavior or addressing security concerns.

15. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

16. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE PingPong ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

PingPong TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH PingPong WILL BE RESPONSIBLE FOR.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PingPong AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PingPong HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PingPong’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF £100 OR THE AMOUNT YOU PAID PingPong, IF ANY, IN THE LAST 12 MONTHS.

18. Dispute Resolution and Arbitration

If you have a concern, let’s talk. Go ahead and contact us first and we’ll do our best to resolve the issue.

Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.

If we can’t resolve our dispute through discussion, any claim (except those precluded by applicable law) arising out of or relating to these Terms or the Services must be settled by arbitration administered by the London Court of International Arbitration (“LCIA”) under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.

Notwithstanding the foregoing, you and PingPong agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

19. Exclusive Venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and PingPong agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of England and Wales.

20. Choice of Law

The laws of England and Wales, except for its conflicts of laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.