(e) Pinterest and advertiser will each comply with the Pinterest Data Sharing Addendum attached as Appendix A and the Advertising Data Terms under policy.pinterest.com/ad-data-terms. (f) All notices must be in writing (including by email). Terminations and violations should be sent to the other party`s legal department. Pinterest`s legal email address is commercial-contract-notices@pinterest.com. All other communications may be sent to a party`s usual point of contact. The notification will be treated as if it had been received. This Pinterest Data Sharing Addendum (“DSA”) supplements and forms part of the Advertising Services Agreement (“Agreement”) between Pinterest and the Signer (“Partner”). The parties agree that for any dispute you may have with Pinterest, you agree to contact us first and attempt to resolve the dispute with us informally. If we need to contact you, we will do so at the email address associated with your business account. If Pinterest has not been able to resolve the dispute with you informally, we agree to resolve any claim, controversy, or controversy (other than injunctive or other equitable claims) arising out of or in connection with or in connection with these Terms through binding arbitration or (for qualified claims) in Small Claims Court. Arbitration is a more informal way to resolve our disagreements than a trial in court. For example, arbitration uses a neutral arbitrator instead of a judge or jury, involves a more limited discovery, and is subject to very limited review by the courts.
Although the process is more informal, arbitrators can award the same damages and remedies that a court can award. You agree that by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and application of this provision and that you and Pinterest each waive the right to a jury trial or to participate in a class action. The arbitrator has the exclusive power to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive the termination of this Agreement and the termination of your Business Account.Any arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. Your forms can be found under www.adr.org. Unless otherwise agreed between you and Pinterest, the arbitration will be conducted in the county (or municipality) where you reside. Each party is responsible for paying all AAA filing, administration, and arbitration fees under the AAA Rules, except that Pinterest will pay your reasonable filing, administration, and arbitration fees if your claim for damages does not exceed $75,000 and is not frivolous (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
If your claim is for $10,000 or less, we agree that you may choose to conduct the arbitration solely on the basis of documents presented to the arbitrator through a telephone hearing or an in-person hearing in accordance with the AAA rules. If your claim exceeds $10,000, entitlement to a hearing is determined by THE AAA rules. Regardless of how the arbitration is conducted, the arbitrator must make a reasoned written decision explaining the essential conclusions on which the award is based, and any judgment of the arbitrator on the award may be registered with any court of competent jurisdiction. Nothing in this section prevents either party from seeking an injunction or other equitable remedy in court, including for matters relating to data security, intellectual property, or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY OF THE PARTIES AND NOT AS PLAINTIFFS OR CLASS ACTIONS IN AN ALLEGED CLASS OR REPRESENTATIVE PROCEEDING, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND PINTEREST EACH WAIVE THE RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION. To the extent that any claim, dispute or controversy regarding Pinterest or our Service cannot be arbitrated under applicable law or otherwise, you and Pinterest both agree that any claim or dispute relating to Pinterest will be resolved solely in accordance with Section 13 of these Terms. For more information about these rights, see “Choices You Have Regarding Your Information” above, and to exercise them, please visit our Help Center or contact us at privacy-support [at] pinterest.com. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. If you are not a consumer in the EEA, the exclusive venue for all disputes arising out of or relating to this Agreement will be San Francisco County, California, or the U.S. District Court for the Northern District of California, and our dispute will be governed by California law. Arbitration is a more informal way to resolve our disagreements than a trial in court.
For example, arbitration uses a neutral arbitrator instead of a judge or jury, involves a more limited discovery, and is subject to very limited review by the courts. Although the process is more informal, arbitrators can award the same damages and remedies that a court can award. You agree that by agreeing to these Terms of Use, the Federal Arbitration Act will govern the interpretation and application of this provision and that you and Pinterest are each waiving the right to a jury trial or participation in a class action. The arbitrator has the exclusive power to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision will survive the termination of this Agreement and the termination of your Pinterest Account. Notice Procedures and Changes to these TermsPinterest reserves the right to determine the form and means of providing you with notices, and you agree to receive legal advice electronically if requested by us. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision is material at our discretion, we will notify you. If you reside in the EU, we will notify you of any changes at least 15 days before such changes take effect. We do not force any changes retroactively, so any changes will be made from the effective date.
By continuing to access or use the Service after the revisions become effective, you agree to be bound by the revised Terms of Use. Assignment These Terms of Service and all rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Pinterest without restriction. Any attempt to transfer or assign in violation of this Agreement will be null and void. Entire Agreement/Severability Clause These Terms, together with the Privacy Policy and any amendments and additional agreements you enter into with Pinterest in connection with the Service, constitute the entire agreement between you and Pinterest with respect to the Service and supersede all prior terms you have with Pinterest with respect to the Service. If any provision of these Terms is held to be invalid, that provision will be limited to the minimum necessary or eliminated and the remaining provisions of these Terms will remain in full force and effect. No waiver Any waiver of any provision of these Terms shall be construed as a further or continuing waiver of that provision or any other provision, and Pinterest`s failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. If you reside in North or South America, these Terms constitute a contract between you and Pinterest Inc., 651 Brannan Street, San Francisco, CA 94107, USA. If you reside outside of North or South America, these Terms constitute a contract between you and Pinterest Europe Ltd., an Irish company based at Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.US government agencies: If you are a federal agency in the United States, your use of Pinterest is subject to these Terms and such modification. U.S. states and local government agencies: If you are a state or local government agency in the United States, this change will apply to these Terms of Use.
August 2020 (h) For the avoidance of doubt, Pinterest`s terms and conditions (business.pinterest.com/business-terms-service), as well as any additional terms between advertisers and Pinterest, govern advertisers` use of Pinterest websites, products or services other than the Advertising Service. If you are a consumer in the EEA, you or Pinterest may assign this Agreement and all rights and licenses granted to third parties. In the event of such an assignment by Pinterest, you may terminate the Agreement with immediate effect by deactivating your account. Pinterest will provide you with reasonable notice of such assignment. These Terms, together with the Privacy Policy and any additional changes and agreements you enter into with Pinterest, constitute the entire agreement between you and Pinterest with respect to the Service. If any provision of these Terms is held to be invalid, that provision will be limited to the minimum necessary or eliminated and the remaining provisions of these Terms will remain in full force and effect. .