FOR STUDENTS AND PROFESSIONAL USERS
Welcome, and thank you for using Ping! The mission of Ping is to connect the world’s students and professionals, helping them to be more productive and successful. Ping shows students which companies, colleges, and universities will be the most excited to speak to them. On the other side of the experience, recruiters for companies, colleges, and universities can invite matched students to start a conversation.
If you do not agree to be bound by these Terms, then do not create an account with us and do not use Ping. If you already have an account, and you would like to terminate it, please contact us at: firstname.lastname@example.org.
2.1. Eligibility. To be eligible to use Ping, you represent and warrant that you: (1) are not currently restricted from using Ping by Tallo; (2) are not a competitor of Tallo or using Ping in any way that competes with Tallo; (3) will maintain only one account at a time; (4) have full power and authority to enter into these Terms; (5) agree to provide, at your own cost and expense, all equipment, software, and internet access necessary to use Ping; and (6) that you meet Ping’s “Minimum Age” requirements. For purposes of these Terms, Minimum Age means either: (1) you are at least thirteen (13) years of age or (2) you are under the age of thirteen (13) and your parent/guardian has reviewed these Terms, including Tallo’s COPPA policy (which can be found here: https://tallo.com/ping-app/privacy-policy/, consents to your use of Ping, and has given Ping their verifiable consent.
2.2. Your Right to Use Ping. Tallo retains all right, title, and interest in and to Ping and any associated intellectual property right therein including, but not limited to, any inventions (whether patentable or not), copyrights, trade secrets, logos, trademarks and service marks. Tallo shall also own any ideas, concepts, suggestions, or improvements you submit to Ping relating to Ping with no compensation to you. Provided you comply with these Terms, Tallo grants you a non-exclusive, non-transferable, limited right to use Ping for its intended purpose. You may not sub-license, transfer, or assign any of the rights granted herein. The right to use Ping will automatically terminate upon termination of your account.
2.3. Ownership of Data. You hereby grant to Tallo a non-exclusive, world-wide, perpetual, paid up, royalty-free license to use any data generated in connection with your use of Ping, which may include information about you, for Tallo’s own business purposes. You are solely responsible for your interactions with students, subscribers, education institutions, businesses, companies, mentors, individuals or organizations who use Ping, and individuals you connect with using Ping (“Users”).
2.4. Ping May be Modified. Tallo may modify, limit, replace, refuse access to, suspend, or discontinue Ping, in whole or in part, or adjust fees for Ping at any time, in Tallo’s sole discretion. Tallo will provide notice to you if any material changes are made to Ping. Tallo further reserves the right to withhold, remove, or discard any content you post to your account if the content is deemed to violate these Terms.
2.6. Payment. If you purchase any services through Ping offered for a fee, you agree to Tallo storing your payment information through a secure portal. You also agree to pay the applicable fees as they become due, including any taxes, and to reimburse Tallo for any fees incurred while collecting overdue payments from you. Failure to pay fees due may result in termination of your account.
2.7. Third Party Services. Tallo may allow third parties to use the Ping platform to offer services and functionality in conjunction with or outside of Ping. If you choose to use one of these Third Party Services, you may be bound by additional terms, conditions, and policies over which Tallo has no control. It is your responsibility to review these terms prior to using any Third Party Service.
3. Do’s and Don’ts
As a condition to using Ping, you agree to follow our Dos and Don’ts.
Do undertake the following:
- Comply with all applicable laws, including, without limitation, those relating to privacy, intellectual property, export control, tax, and regulatory requirements;
- Provide Tallo with accurate information and update it as necessary;
- Review and comply with any notices Tallo sends you concerning Ping;
- Use Ping in a professional manner;
- Keep your username and password confidential and do not share them with others;
- Use your real name on your profile; and
- Protect your sensitive information such as your email address, phone number, and address.
Don’t undertake the following:
- Act dishonestly or unprofessionally by posting unlawful, libelous, abusive, obscene, discriminatory, inappropriate, inaccurate, or objectionable content to Ping;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field).
- Create a profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Ping;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account or create a false identity on Ping;
- Upload, post, email, message, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, affiliations, qualifications, or experience;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other intellectual property rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Contains software viruses, worms, malware, or any other harmful code, files or programs that interrupt, destroy or limit the functionality of Ping or any computer or other equipment;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Ping (excluding original content posted by you) except as permitted by these Terms;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or any underlying intellectual property used to provide Ping, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from Ping to provide any service that is competitive, in Tallo’s sole discretion, with Ping;
- Rent, lease, loan, trade, sell/re-sell access to Ping or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize any service or functionality of Ping, without the express written permission of Ping;
- Deep-link to Ping for any purpose;
- Remove any copyright, trademark or other legal or proprietary rights notices;
- Remove, cover or otherwise obscure any form of advertisement;
- Share information of non-members without their express consent;
- Infringe or use Tallo’s or Ping’s brand, logos, trademarks, or service marks, including, without limitation, using the word “Tallo” or “Ping” in any business name, email, or URL;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any Ping webpage pages or other material contained in Ping;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Ping;
- Attempt to or actually access Ping by any means other than through the interfaces provided by Ping;
- Attempt to or actually override any security component included in or underlying Ping; or
- Interfere with or disrupt Ping in any way.
4. Disclaimer of Warranties
PING IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TALLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO PING, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. TALLO DOES NOT WARRANT THAT PING WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, ARE ERROR-FREE, WILL BE FREE FROM INTERRUPTIONS, ARE COMPATIBLE WITH YOUR OPERATING ENVIRONMENT, ARE FREE FROM MALWARE, VIRUSES, OR HARMFUL CODE, OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
TALLO HAS NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER OF PING. TALLO DOES NOT CONTROL OR MONITOR USER GENERATED CONTENT AND PING MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE OWNERSHIP OR ACCURACY OF ANY SUCH CONTENT OR WHETHER OR NOT IT INFRINGES ON ANY THIRD PARTY RIGHTS. PING MAY LINK TO THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES (COLLECTIVELY, “THIRD PARTY SERVICES”). TALLO HAS NO CONTROL OVER AND MAKES NO WARRANTIES WITH RESPECT TO THESE THIRD PARTY SERVICES.
YOU ACKNOWLEDGE THAT TALLO DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT PING MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PING IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
TALLO HAS NO LIABILITY FOR ANY LOSS, DAMAGE, CORRUPTION, OR UNAUTHORIZED DISCLOSURE OF ANY OF YOUR DATA, ELECTRONIC FILES, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR CONTENT GENERATED BY YOU OR OTHER USERS, OR FOR ANY PHYSICAL DAMAGE TO ANY COMPUTER, HARDWARE, MOBILE DEVICE, OR OTHER EQUIPMENT.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT WHICH IS NOT CONTAINED IN THESE TERMS, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, ACCURACY OR PERFORMANCE OF PING OR ANY THIRD PARTY PRODUCT OR SERVICE, WHETHER MADE BY TALLO OR OTHERWISE, WILL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF TALLO.
5. Indemnification and Limit on Liability
By using Ping, you agree to indemnify, defend, and hold Tallo and its officers, directors, and employees harmless from and against any and all claims, costs and expenses arising out of your use of Ping, including your generation or posting of any content. Tallo shall not be liable for any damages whatsoever due to your acts or omissions. Tallo’s total liability in respect of any and all claims arising from or related to Ping, whether in contract, tort, or otherwise, will be limited to the lesser of: (a) the amount paid, if any, to Tallo over the twelve (12) month period immediately preceding the event giving rise to the damages; or (b) $100 USD.
IN NO EVENT SHALL TALLO OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OF PING OR ANY FEATURE THEREOF.
6.1. Termination Without Cause. You may terminate your account, for any reason, at any time, upon notice to Tallo pursuant to these Terms. This notice will be effective upon Tallo processing your request. Tallo may terminate your account, at any time, with or without notice. This cancellation shall be effective immediately or as specified by Tallo. Termination of your Ping account includes disabling your access to Ping and may also bar you from any future use of Ping.
6.2. Termination for Cause. Tallo may restrict, suspend or terminate your account or the account of any User who abuses or misuses Ping. Misuse of Ping includes violating any of these Terms, or any other behavior that Tallo deems contrary to its purpose. In addition, Tallo may terminate your account or the account of any User for repeat violations under the Digital Millennium Copyright Act (DMCA) as determined by Tallo in Tallo’s sole discretion.
6.3. Effect of Termination. Provisions of these Terms which, by their nature should reasonably be deemed to survive termination of your account, shall survive. Upon termination of your account, Tallo shall have no obligation to store, save, or otherwise provide you with access to Ping or any content you may have generated, posted, or saved to your account. Tallo recommends that you take steps to transfer this information prior to terminating your account.
These Terms set forth the entire agreement between you and Tallo with respect to Ping and supersedes all prior negotiations and dealings, oral or written. In the event of a conflict between these Terms and any other agreement or understanding between Tallo, these Terms will govern. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall be ineffective in that jurisdiction without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. You may not sell, assign, transfer, or otherwise dispose of your rights or delegate your duties under these Terms without our prior written consent. Tallo may freely assign or delegate all rights and obligations under these Terms in whole or in part without notice to you. These Terms shall be binding on any successors and assigns of Tallo. You agree to comply with all applicable export laws, codes, regulations, and license requirements of the United States of America and other applicable jurisdictions in connection while using Ping. These Terms shall be governed by and construed in accordance with the laws of the state of South Carolina, without regard to the principles thereof regarding conflict of laws, excepting applicable federal law. You agree that the Courts of Charleston County, South Carolina shall have exclusive jurisdiction to settle any claim or dispute between us. In the alternative, you agree that Tallo may elect to settle any dispute through an established alternative dispute resolution (“ADR”) provider. The ADR provider and the parties will agree that: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions in a manner chosen by Tallo, (b) the arbitration shall not involve any personal appearance by us or witnesses unless we agree otherwise, and (c) any judgment on the award rendered by the arbitration shall be final and may be entered in any court of competent jurisdiction. Failure of Tallo to enforce any provision of these Terms shall not be construed as a waiver of such provision. Neither party shall be held liable for delay in fulfilling or failure to fulfill its obligations under these Terms, if such delay or failure is caused by events beyond the reasonable control of such party, including, without limitation, natural calamity, acts of God, or terrorist events, provided payment of fees shall not be so excused. Each party shall notify the other in writing of any situation that may prevent performance under the terms and conditions of these Terms.
Tallo respects the intellectual property rights of others. If you believe that your intellectual property has been copied, posted, or distributed using Ping in a manner that constitutes copyright infringement, please contact Tallo using the information below so that Ping can review your request and, if appropriate, remove the infringing content:
1501 Belle Isle Ave
Mount Pleasant, SC 29464
You agree that Tallo may communicate with you using your Ping account or other means such as your email or telephone number. Tallo may also communicate messages or notices to you about Ping by updating these Terms or posting notifications on the Ping website.
If you have questions or comments about these Terms, or if you would like to submit a complaint regarding content posted by a User, please contact us via email at email@example.com or via mail at:
1501 Belle Isle Ave
Mount Pleasant, SC 29464