Business Terms of Service

(effective 25 May 2018)

Thank you for using Pinterest!

These Business Terms of Service (“Terms”) govern your business’s access to and use of the Pinterest website, apps, APIs and widgets (“Pinterest” or the “Service”). Please read these Terms carefully and contact us if you have any questions. By creating an account under these Terms (“Business Account”), or by accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy and our Community Guidelines.

1. Our service

Pinterest helps you discover and do the things you love. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service, we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.

2. Using Pinterest

a. Who can use Pinterest.

You may use our Service only if you can legally form a binding contract with Pinterest and only in compliance with these Terms and all applicable laws. When you create your Business account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organisation or other entity, (a) “you” includes you and that entity and (b) you promise that you are authorised to grant all permissions and licences provided in these Terms and bind the entity to these Terms, and you agree to these Terms on the entity’s behalf. Part of our Service may include software that is downloaded to your computer, phone, tablet or other device. You agree that we can update that software automatically and that these Terms will apply to any updates.

b. Our licence to you.

Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Service.

3. Your content

a. Posting content

Pinterest allows you to post content, including photos, comments, links and other materials. Anything you post or otherwise make available on Pinterest is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to Pinterest.

b. How Pinterest and other users can use your content

You grant Pinterest and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your User Content on Pinterest solely for the purposes of operating, developing, providing and using the Service. Nothing in these Terms shall restrict other legal rights that Pinterest may have to User Content, for example under other licences. We reserve the right to remove or modify User Content, or change the way it is used in the Service, for any reason, including User Content that we believe violates these Terms, our Community Guidelines or any other policies.

c. How long we keep your content for

Following termination or deactivation of your account, or if you remove any User Content from Pinterest, we may retain your User Content for a reasonable period of time for backup, archive or audit purposes. Furthermore, Pinterest and our users may retain and continue to use, store, display, reproduce, save, modify, create derivative works, perform and distribute any of your User Content that other users have stored or shared on the Pinterest Service.

d. Your responsibility for your content:

i. To Pinterest and our community.

Pinterest provides a creative and positive place for you and other users to discover and share things you love. To keep it that way, you must abide by our Pin etiquette and comply with our policies, including our Community Guidelines. You must not post User Content that violates or encourages any conduct that violates laws or regulations, including but not limited to laws or regulations applicable to your line of business, and laws or regulations applicable to advertising. You are responsible for User Content and any third-party content posted on your boards, and you represent and warrant that User Content and any third-party content posted on your boards comply with all applicable laws and regulations. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license or otherwise use our Service without our permission.

ii. To third parties.

Pinterest respects the rights of third-party creators and content owners and expects you to do the same. You therefore agree that any User Content you post to Pinterest does not and will not violate any laws or infringe the rights of any third party.

e. Feedback you provide

We value hearing from our users and are always interested in learning about ways we can make Pinterest more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Pinterest does not waive any rights to use similar or related feedback previously known to Pinterest, developed by its employees or obtained from sources other than you.

4. Tools for site owners

a. Site features.

We offer products that websites and developers can use to offer Pinterest features and functionality to their users (e.g. the “Save”, “Pin it” and “Follow” buttons) (“Site Features”). You agree to use Site Features only as documented by Pinterest and in compliance with our policies and branding guidelines. You may not place Site Features on a site or service with content that would violate these Terms if displayed on Pinterest. You also agree that the Pinterest features and functionality provided by our Site Features will be provided solely by our Site Features, except as otherwise authorised by Pinterest.

b. Permissions.

i. By incorporating Site Features into your site or service, you agree that Pinterest can collect and use information from you and your users as described in our Privacy Policy. You also agree that Pinterest can use automated methods to analyse your site or service where Site Features have been incorporated.

ii.  Some Site Features allow you or your users to post or otherwise make available content in our Service. By using these Site Features, you give Pinterest and its users permission to such content as set forth in Section 3(b). Nothing in this Section shall restrict other legal rights that Pinterest may have to the content.

5. Copyright Policy

Pinterest has adopted and implemented the Pinterest Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy.

6. Security

We care about the security of our users. While we work to protect the security of your content and account, Pinterest cannot guarantee that unauthorised third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account. For accounts created on behalf of a company, organisation or other entity, you are responsible for ensuring that only authorised individuals have access to the account.

7. Third-party links, sites and services

Pinterest may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pinterest. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from Pinterest, you do so at your own risk and you agree that Pinterest will have no liability arising from your use of or access to any third-party websites, services or content.

8. Termination

Pinterest may terminate or suspend your right to access or use this Service for any reason with appropriate notice. We may terminate or suspend your access immediately and without notice if we have good reason, including any violation of these Terms or our Community Guidelines. Upon termination, you continue to be bound by Sections 3, 4(b) and 9 of these Terms.

9. Indemnity

You agree to indemnify and hold harmless Pinterest and our respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content or (c) your breach of any of these Terms.

10. Disclaimers

Our Service and all content on Pinterest is provided on an “as is” basis without warranty of any kind, whether express or implied.

PINTEREST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Pinterest takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL PINTEREST’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00) OR THE AMOUNTS PAID BY YOU TO PINTEREST FOR THE PAST THREE MONTHS FOR THE SERVICE.

To the extent that any claim, dispute or controversy regarding Pinterest or our Service isn’t arbitrable under applicable laws or otherwise: you and Pinterest both agree that any claim or dispute regarding Pinterest will be resolved exclusively in accordance with Section 13 of these Terms.

12. Arbitration

For any dispute you have with Pinterest, you agree to first contact us 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 each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the US Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Pinterest are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Business account.

Any arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Pinterest agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Pinterest will pay for your reasonable filing, administrative and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Pinterest or our Service isn’t arbitrable under applicable laws or otherwise: you and Pinterest both agree that any claim or dispute regarding Pinterest will be resolved exclusively in accordance with Section 13 of these Terms.

13. Governing law and jurisdiction

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California or the United States District Court for the Northern District of California, and our dispute will be determined under California law.

14. General terms

Notification procedures and changes to these Terms

Pinterest reserves the right to determine the form and means of providing notifications to you and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you.

By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

Assignment

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Pinterest without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire agreement/severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Pinterest in connection with the Service, shall constitute the entire agreement between you and Pinterest concerning the Service and supersede any prior terms you have with Pinterest regarding the Service. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect.

No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pinterest’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties

If you live in the United States, these Terms are a contract between you and Pinterest Inc., 651 Brannan Street, San Francisco, CA 94107, USA. If you live outside the United States, these Terms are a contract between you and Pinterest Europe Ltd., an Irish company with its registered office at Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.

US government agencies: if you are a United States federal government agency, your use of Pinterest is subject to these Terms and this amendment.

US state and local government agencies: if you are a state or local government agency in the United States, this amendment applies to these Terms.

 

Effective 25 May 2018