Terms of Service

Effective date: November 18, 2021

A. Definitions

  1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Pony Privacy Statement, available at www.ponymessenger.com/privacy) and procedures that we may publish from time to time on the Website.

  2. The “Service” refers to the applications, software, products, and services provided by Pony.

  3. The “Website” refers to Pony’s website located at www.ponymessenger.com, and all content, services, and products provided by Pony at or through the Website.

  4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age.

  5. “Pony,” “We,” and “Us” refer to Pony Media LLC., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

  6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

  7. An "Account" represents your legal relationship with Pony. A “User Account” represents an individual User’s authorization, to log in to and use the Service and serves as a User’s identity on Pony.

B. Account Terms

1. Account Requirements

  • You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted.

  • One person or legal entity may maintain no more than one account.

  • You must be age 13 or older.

  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people.

2. User Account Security

You are responsible for keeping your account secure while you use our Service.

  • You are responsible for all content posted and activity that occurs under your account.

  • You are responsible for maintaining the security of your account and password. Pony cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  • You will promptly notify Pony if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

C. Acceptable Use

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • Is unlawful or promotes unlawful activities;

  • Is libelous, defamatory or fraudulent;

  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or

  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using Pony, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including Pony employees, officers, and agents, or other Pony Users;

  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

  • attempt to disrupt or tamper with Pony's servers in ways that could harm our Website or Service, to place undue burden on Pony's servers through automated means, or to access Pony's Service in ways that exceed your authorization impersonate any person or entity, including any of our employees or representatives, including through false association with Pony, or by fraudulently misrepresenting your identity or site's purpose; or

  • violate the privacy of any third party, such as by posting another person's personal information without consent.

4. Service Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Pony's express written permission.

5. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Pony customers, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.

D. User-Generated Content

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Pony May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Pony terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Pony Users — certain legal permissions, listed in Sections D.4 — D.5. These license grants apply to Your Content. If you upload Content that already comes with a license granting Pony the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.5. The licenses you grant to us will end when you remove Your Content from our servers.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant Pony the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Pony the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

If you are a copyright owner and you believe that content on Pony violates your rights, please contact us by emailing dmitry@pony-media.com.

F. Intellectual Property Notice

Pony and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Pony Media LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Pony.

G. Cancellation and Termination

1. Pony May Terminate

Pony has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Pony reserves the right to refuse service to anyone for any reason at any time.

2. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

H. Communications with Pony

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via your Pony account; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable right.

Communications made through email, Discord, Twitter, or Pony's messaging system will not constitute legal notice to Pony or any of its officers, employees, agents or representatives in any situation where notice to Pony is required by contract or any law or regulation. Legal notice to Pony must be in writing and served on Pony's legal agent.

3. No Phone Support

Pony only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

I. Disclaimer of Warranties

Pony provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Pony does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

J. Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your User-Generated Content; - your use or inability to use the Service; - any modification, price change, suspension or discontinuance of the Service; - the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data; - statements or conduct of any third party on the Service; - any other user interactions that you input or receive through your use of the Service; or - any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

K. Release and Indemnification

If you have a dispute with one or more Users, you agree to release Pony from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Pony (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Pony of all liability); and (3) provides to you all reasonable assistance, at your expense.

L. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

M. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Pony and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions. You and Pony agree to submit to the exclusive jurisdiction and venue of the courts located in New York County, New York.

2. Non-Assignability

Pony may assign or delegate these Terms of Service and/or the Pony Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles. These section titles are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Pony to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Pony, or by the posting by Pony of a revised version in accordance with Section L. Changes to These Terms. These Terms of Service, together with the Pony Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Pony relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Questions about the Terms of Service? Contact us.