Terms of Service (T&Cs)

Terms of Service (T&Cs)

Terms and Conditions

Last updated October 2024


These Terms and Conditions ("Agreement") govern your use of the Playful Pineapple website (“Service”), operated by Easton Tech Ltd ("Company"). Please read this Agreement carefully before accessing or using our Service. By accessing or using our Service, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you may not access or use the Service.

These terms are supplemented by the Community Guidelines. Access to the Service implies application and acceptance by the User of these Terms and Conditions and the Community Guidelines.

1. Definitions

1.1 In this Agreement, the following terms have the following meanings;

a) "Service" refers to the Playful Pineapple website, including any related software, services, and features.
b) “Company” refers to the registered Company, Easton Tech Ltd.
c)  “Member” a registered user of our Service (whether or not a subscriber).
d) "User" refers to any registered or unregistered user of the Service.
e) "Content" refers to all information, including profiles, images, photos, videos, messages, and posts, published, stored, or sent on or in connection with our Service.

2. Eligibility

2.1 By accessing or using our Service, you represent and warrant that:

a) You are at least 18 years old.
b) Access to and use of the Service is not illegal in your jurisdiction; and
c) You have not been convicted of any offence or subject to any court order relating to assault, violence, sexual misconduct, harassment, or dishonesty.

3. Registration and Membership

3.1 You may register as a Member on our Service, subject to our acceptance.

3.2 Membership is personal and non-transferable. You must not authorise or permit any other person to use your account.

3.3 You are responsible for maintaining the confidentiality of your account information, including your password. You must notify us immediately of any unauthorised use or breach of security.

3.4 To use certain aspects of our Service, you may be required to register for an account by providing the following information (“Registration Data”); your name or alias, date of birth, height, body type, sexual orientation, ethnicity, hair colour, body alterations, habits, your base location, profile username, email address, a profile photo, a feature photo and your preferences.

3.5 You must ensure that your Registration Data, and any other information that you provide to us in relation to your account, is accurate and kept up to date. We will use your Registration Data and such other information as set out in our Privacy Policy.

4. Age Assurance and Verification

4.1 We have processes in place that are intended to ensure that all Users on the Website are at least 18 years of age. During onboarding, we will ask you to go through a third-party process to gain assurances of your age. This process involves our third-party provider collecting a short .gif "selfie" (that you provide to the third-party provider) and using digital technology to estimate your age, which may involve the use of Face Recognition Data.

4.2 If you go through the third-party age estimation process, we will only receive the results of the process (pass / fail, the reason for failing and a selfie image), to maintain a record of the age estimation process.

4.3 If you fail the third-party age estimation process (e.g. if you are over 18 years of age, but their technology has predicted that you look under 18 years of age), you will be unable to complete registration and will have the opportunity to request a Manual Check to be made by a member of our Support team. 

4.4 If a Manual Check is requested, a member of our Support team will be able to see the results of the process (pass / fail, the reason for failing and the selfie image) and will contact you via email to request a copy of your ID. You must provide a valid form of ID for all users who are attempting to sign up to the Website.

4.5 In the interest of user safety and security, Easton Tech Ltd may conduct necessary checks with national databases and law enforcement authorities to verify the information provided.

5. User Conduct

5.1 You agree to use our Service in compliance with applicable laws and regulations.

5.2 In connection with the Service, you must not:

a) Engage in any activity that breaks the law;
b) Publish or send any Content that is unlawful, defamatory, threatening, harassing invasive of privacy, racist, hateful, discriminatory, misleading, abusive, or deceptive;
c) Infringe any intellectual property or other rights of others;
d) Sell access to the Service or use it to provide a similar service to third parties;
e) Use the Service for junk mail, spam, pyramid schemes, or fraudulent activities;
f) Do anything that disrupts the Service or negatively affects other Users' enjoyment of the Service;
g) Gain unauthorised access to the Service or interfere with its security features;
h) Use the Service for commercial purposes without our explicit written consent;
i) Collect, scrape, harvest, frame, or deep-link to any Content on our Service without our specific prior written consent; 
j) Conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of): 
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; or
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
k) The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
l) This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
m) Attempt, encourage, or assist any of the above activities.

5.3 You are responsible for ensuring that all persons who access our Service through your internet connection are aware of these Terms and Conditions and our Community Guidelines, and that they comply with them.

5.4 You agree to comply with all applicable laws and regulations while using our Service, and you acknowledge that you are solely responsible for your conduct and any Content submitted, posted, or displayed on the Service.

6. User Content

6.1 You are responsible for the Content you publish on our Service.

6.2 By providing Content, you warrant that you have all necessary rights and permissions to enable its use as contemplated by the Service and this Agreement.

6.3 You must ensure that your profile and any other Content are complete, accurate, and not misleading.

6.4 You must not under any circumstances publish or send any Content which:

a) involves an image of any person under 18 (or any higher applicable age of consent in countries outside the UK); or
b) enables any person under 18 to be identified or contacted (eg name, address, email etc).

6.5 In the case of those over 18 (or higher applicable age of consent), you must not publish or send any Content (including images) which enables those persons to be identified unless you have obtained their explicit written consent to the image / information being provided as well as to our privacy and cookies policy.

6.6 You acknowledge and admit that by using the Service, there is a risk that you will be recognised by third parties.

6.7 You expressly waive any recourse against the Company because of a possible violation of your privacy, or your right to the image, due to disclosure or publishing of all or part of the content put online by you.

6.8 We reserve the right to reject, suspend, alter, remove, or delete Content without notice or refund if it breaches this Agreement or poses a risk to us or others.

6.9 We reserve the right, without notice or refund, to:
a) Reject, suspend, alter, remove or delete Content if it is the subject of complaint, breaches our terms and conditions, or if you have not complied with our request to provide detailed consent / age ID for anyone shown in your Content 
b) Disclose Content or behaviour to the police, other relevant authorities, or a complainant if necessary to protect us or others, if we believe a criminal act has been committed, or if required by law or requested by the police or other appropriate authorities.

7. Responsibility

7.1 Playdates (meetings) arranged through the Service are conducted at the User's own risk. The Company does not verify the identity of the Service Users or the accuracy of the Content they provide, which remains solely their responsibility.

7.2 For a first in-person meeting, the Company strongly recommends informing a loved one and choosing a public, well-frequented location (such as a cafe, bar, or restaurant). When arranging to meet others through our Service, you must take appropriate precautions and follow any safety guidelines on our Service. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.

7.3 It is your responsibility to decide which Content to publish or send (subject to these Terms and Conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Do not send or publish any Content if you are concerned that it may be misused.

7.4 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage

7.5 We may, at our discretion, carry out User verification steps but do not guarantee to do so. Even if we do so, such steps are not foolproof. We do not endorse or recommend any Users or their profiles or other Content, even if the User or Content is shown as verified (whether by us or other Users). You deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who they claim to be.

7.6 You acknowledge that in using the Service you may be exposed to inappropriate Content or behaviour. If so, please contact us by clicking on the “Report” button. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the Service.

8. Our Site

8.1 We may update and change our Service from time to time, for example to reflect changes to our users' needs and our business priorities.

8.2 We do not guarantee that our Service, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

8.3 The Company does not guarantee the transfer rate or response times of information from the Service to the Internet. The speed of information flow is influenced by factors inherent to online networks and is not part of the service provided by the Company. Consequently, the Company is not responsible for any malfunctions, inaccessibility, or suboptimal conditions of use of the Service due to the User's computer system, Internet connection, or network congestion.

9. Moderation

9.1 The Content on the Service is regularly checked. The Company may, at any time, remove any Content from the Service, either on its own initiative or at the request of any User or third party, without prior notification to the User who published it.

9.2 To report disputed Content on the Service, individuals must use the "Contact" section and provide the following”
a) Their full identity,
b) A description of the disputed Content and its precise location (hypertext link),
c) The reasons for removal (including legal provisions and factual justifications), and 
d) Proof of correspondence with the author or publisher of the Content requesting its removal, alteration, or interruption. If the author or publisher could not be contacted, this must also be justified.

9.3 The Company will disclose the contact details or identification data of the author of the disputed Content only upon judicial requisition. The Company will systematically remove any Content that is illegal or harmful to human dignity and reserves the right to report such Content to the appropriate authorities.

10. Intellectual Property Rights

10.1 The intellectual property rights in all material, content, and features available on or through the Service, including but not limited to code, designs, text, graphics, and software, are owned by Easton Tech Ltd or, in the case of user-generated content, by the respective users. You may view such material for personal, non-commercial use only, and no other rights are granted to you.

10.2 You must not copy, reproduce, distribute, sell, license, adapt, modify, publish, display, or take extracts from any material or intellectual property on the Service without our prior written consent. Additionally, you must not decompile, reverse-engineer, or otherwise attempt to derive the source code of any software used in connection with the Service.

10.3 You must not circumvent, disable, or interfere with any security-related features of the Service or features that prevent or restrict the copying, sharing, or use of any content or intellectual property. This includes, but is not limited to, any digital rights management tools or similar mechanisms.

10.4 By using the Service, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms and Conditions.

10.5 Users retain ownership of any content they upload or post to the Service. By posting content to the Service, you grant Easton Tech Ltd a worldwide, non-exclusive, royalty-free, fully-paid, and sub-licensable license to use, reproduce, distribute, modify, and display the content as part of providing the Service.

11. Trademarks

11.1 All elements and content of the Service, including but not limited to graphics, visuals, logos, trademarks, and domain names such as Playful Pineapple, Adult Playground, and playfulpineapple.com, are the exclusive property of the Company or are used exclusively by the Company. These elements may not be reproduced, used, or represented without prior written permission from the Company, including for the creation of derivative works. Unauthorised use may result in prosecution.

11.2 The Content of the Company or the Service may not be copied, altered, pirated, downloaded, published, rented, or sold in any manner without prior written consent from the Company. Establishing hypertext links to the Service is strictly prohibited without prior written permission from the Company.

12. Events Outside Our Control

12.1 We are not liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by circumstances beyond our reasonable control, including third-party telecommunication failures.

13. Payments

13.1 Payments for the services provided by the Company are processed via a secure service. Bank details are transmitted to the payment operator, Stripe, to complete the financial transactions necessary for accessing the subscription services offered by the Company.

13.2 These details are transmitted directly through Stripe's interface, stored on Stripe's servers, and are not shared with any third parties, including Playful Pineapple and its parent company, Easton Tech Ltd. Subscriptions for the paid services may be set with or without an automatic renewal option.

13.3 If automatic renewal is selected, the subscription will be renewed at the end of the initial period for the same duration. If automatic renewal is not selected, the subscription will end at the conclusion of the chosen period.

13.4 Users can terminate their subscription at any time through the 'Settings / Subscription' page. The termination will take effect at the end of the current subscription period.

14. Termination

14.1 You may at any time end this contract (i.e. stop being a Member) by deleting your account in accordance with the instructions on our Service. This doesn’t entitle you to a refund unless you have “cooling off” rights, explained below.

14.2 We are entitled to terminate this contract at any time to, for any reason, end this contract with or without notice. If we terminate, we will refund any fees already paid to the period after termination.

14.3 We may terminate this contract without notice and without refund if we terminate our Service as a whole.

14.4 We may terminate this contract, suspend part or all of our Service, or impose temporary or permanent restrictions if:
a) you have not complied with any verification requirements;
b) any message you send triggers our automated spam filters;
c) we have reason to believe that you have breached our terms and conditions;
d) any fees due to us are unpaid / unjustifiably charged back;
e) we think that it is necessary to protect us or others; 
f) we are required to do so by law or appropriate authority;
g) we believe that this action is in the best interests of the community. 

14.5 If we terminate the contract, we will refund subscription payments relating to the period after termination upon your request via email. There will be no refund for the period of any suspension or restriction. Restrictions may include preventing you from accessing public postings.

14.6 Upon termination of this contract, your right to use our Service and all licences are terminated. We are entitled to delete all of your Content. Existing rights and liabilities are unaffected. All clauses in this contract intended to continue after termination will continue to apply. You must not attempt to re-register or continue to use our Service if we have notified you of termination, suspension, or restriction (until any suspension or restriction is lifted).

14.7 We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, for any reason in our sole discretion. Upon termination, your right to use the Service will cease immediately.

15. Right to cancel (“cooling off”)

15.1 If you reside in the European Economic Area (EEA), you have the right to cancel this contract under the conditions outlined below.

15.2 You have the right to cancel this contract within 14 days without providing any reason.

15.3 The cancellation period will expire 14 days after the day the contract was concluded.

15.4 To exercise your right to cancel, you must inform us using our designated contact form.

15.5 To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right to cancel before the cancellation period expires.

16. Effects of cancellation

16.1 If you cancel this contract, we will reimburse all payments received from you.

16.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

16.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

16.4 If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount proportional to what has been performed up until the time you informed us of your decision to cancel this contract, in comparison with the full coverage of the contract.

17. Governing Law and Dispute Resolution

17.1 This Agreement is governed by the laws of the United Kingdom. Any disputes arising from this Agreement will be decided only by the courts of the United Kingdom.

17.2 If you have a contractual dispute with us, you may be entitled to use the UK's alternative dispute resolution service. For more information, please visit https://www.ukecc.net/ or the relevant ADR platform. For EU residents, the EU online dispute resolution service is available at http://ec.europa.eu/consumers/odr/.

18. General

18.1 Notices under this Agreement may be sent by email to the most recent email address provided by you or through Private Mail on the Service.

18.2 The headings used in this Agreement are for information purposes only and do not bind the parties.

18.3 Failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.

18.4 If any part of this Agreement is found to be ineffective or unenforceable, the remainder of the Agreement shall continue to apply.

18.5 This Agreement is personal to you, and you may not transfer any of your rights or duties under it without our prior written consent.

18.6 The parties are independent contractors, and nothing in this Agreement establishes an agency, employment, or representative relationship between the parties.

18.7 We reserve the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on the Service. You agree to review these terms periodically to be aware of any modifications. Your continued use of the Service after changes are posted constitutes your acceptance of the amended terms and conditions.

19. Liability

19.1 Nothing in this Agreement limits or excludes our liability for negligence causing death or personal injury, fraud, fraudulent misrepresentation, or anything that may not legally be excluded or limited. Any reference to us in this section includes our employees and agents.

19.2 We shall not be liable for any loss or damage caused by circumstances where
a) There is no breach of a legal duty owed to you by us, our employees, or agents;
b) The loss or damage was not reasonably foreseeable at the time of entering into this Agreement;
c) The loss or damage is caused by your actions or failure to comply with this Agreement;
d) The loss or damage relates to your business.

19.3 You are responsible for any reasonably foreseeable loss or damage we suffer as a result of your breach of this agreement or misuse of our Service, subject to our obligation to mitigate any losses.

19.4 You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, and employees from any claims, damages, or losses, including reasonable attorneys' fees, arising out of your use of the Service, your violation of these terms and conditions, or your violation of any rights of another person or entity.

20. Data Protection and Privacy

20.1 By using our Service, you acknowledge and agree that we may collect and process your personal information in accordance with our Privacy and Cookies Policy, which is subject to change from time to time.

20.2 Our Privacy and Cookies Policy explains how we collect, use, disclose, and protect your personal information. It also outlines your rights regarding your data and how you can exercise those rights

20.3 You consent to such collection and processing and warrant that all data provided by you is accurate.

20.4 You agree to review our Privacy and Cookies Policy before using our Service and acknowledge that it forms part of these terms and conditions.

If you have any complaints, please contact us using the appropriate form provided on our Service.

By using our Service, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

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