PINKNIC USER AGREEMENT
The following are the terms and conditions for use of Pinknic.com web sites and web pages (the “Pinknic Web Site”) operated by Pinknic Festival LLC, a New York limited liability company (“Pinknic”). This User Agreement applies to Pinknic Web Site and does not apply to the content of third parties.
Pinknic Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Pinknic Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of Pinknic Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of this site and that are outlined on Pinknic Web Site (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within Pinknic Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Pinknic reserves the right to change the terms, conditions, and notices under which Pinknic Web Site and or any product or service offered on Pinknic Web Site (“Services”). You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of Pinknic Web Site/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, Pinknic Web Site/Services are for your personal and non-commercial use. The content available through Pinknic Web Site/Services is the property of Pinknic or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Pinknic Web Site/Services. You acknowledge that Pinknic retains exclusive ownership of Pinknic Web Site/Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to Pinknic Web Site/Services or their contents, and Pinknic reserves all rights not expressly granted hereunder. Without the advance express written permission of Pinknic, you may not “meta-search” Pinknic Web Site/Services, send, or cause to be sent, any automated queries of any sort to Pinknic Web Site/Services, or use Pinknic Web Site/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to Pinknic Web Site/Services to determine how a web site “ranks” on Pinknic Web Site/Services.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within Pinknic Web Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Pinknic shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Pinknic Web Site/Services, you will not use Pinknic Web Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third party. You may not use Pinknic Web Sites/Services in any manner that could damage, disable, overburden, or impair any Pinknic Site/Service(s) (or the network(s) connected to any Pinknic Web Site/Service(s)) or interfere with any other party’s use and enjoyment of any Pinknic Web Site/Service(s). You may not attempt to gain unauthorized access to any Pinknic Web Site/Service, other accounts, computer systems or networks connected to any Pinknic Web Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Pinknic Web Site/Services.
USE OF SERVICES
Pinknic Web Site/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Engage in speech or other activity that is intended to attack or demean a particular gender, sexual orientation, race, religion, veteran status, age or disability.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which is made available through Pinknic Web Site/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Use of meta tag searches on Pinknic Web Site.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a Pinknic Web Site/Service(s) or other user or usage information or any portion thereof.
Pinknic has no obligation to monitor the Communication Services. However, Pinknic reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. If you are aware of misuse of Pinknic Web Site/Services, please contact us here.
Pinknic reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Pinknic reserves the right at all times to disclose any information as Pinknic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pinknic’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Pinknic does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pinknic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pinknic spokespersons, and their views do not necessarily reflect those of Pinknic.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO PINKNIC OR POSTED AT ANY PINKNIC WEB SITE
Pinknic does not claim ownership of the materials you provide to Pinknic (including feedback and suggestions) or post, upload, input or submit to any Pinknic Web Site/Service or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you are granting Pinknic, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Pinknic Web Site/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Pinknic Web Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. Pinknic is under no obligation to post or use any Submission you may provide and Pinknic may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In connection with your Submissions, you agree that you will not submit material unless you are the owner of the copyrights, applicable trade secrets or other proprietary rights and any other rights including, without limitation, rights of privacy or publicity, or you have permission from the rightful owner of such rights to post the material and to grant Pinknic all of the licenses and rights required to be granted herein.
You further agree that you will not, in connection with Submissions, submit material that is inappropriate (see the descriptions in Use of Services) or contrary to applicable law or regulations.
NOTIFICATIONS OF MATERIAL THAT VIOLATES THIRD PARTY RIGHTS
Notice. If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submission or other content infringes upon your rights, you may submit a notification by providing us with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the right claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Pinknic to locate the material;
- Information reasonably sufficient to permit Pinknic to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of such rights or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pinknic’s designated agent to receive notifications of claimed infringement is: Remko de Jong at [email protected]. For clarity, only infringement claim notices should go to the above address. You acknowledge that if you fail to comply with all of the requirements of this User Agreement, your notice may not be valid.
Counter-Notice. If your Submission was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement
If a counter-notice is received, Pinknic may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Pinknic’s sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Pinknic WEB SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO Pinknic WEB SITE/SERVICES AND TO THE INFORMATION THEREIN. Pinknic AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN Pinknic WEB SITE/SERVICES AT ANY TIME, ADVICE RECEIVED VIA Pinknic WEB SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Pinknic AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN Pinknic WEB SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Pinknic AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT Pinknic SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A Pinknic SITE/SERVICE. YOU SPECIFICALLY Y AGREE THAT Pinknic IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
Pinknic reserves the right, in its sole discretion, to terminate your access to any or all Pinknic Web Site/Services and the related services or any portion thereof at any time, without notice.
Pinknic may also terminate or suspend your access to Pinknic Web Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Pinknic. Upon termination of Pinknic Web Site/Service, your right to use Pinknic Web Site/Service Immediately ceases.
Pinknic shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
Pinknic will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Pinknic liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Pinknic’s actual damages, to the extent such actual damages can be reasonably calculated.
This agreement is governed by the laws of the New York, NY, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A, in all disputes arising out of or relating to the use of Pinknic Web Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pinknic as a result of this agreement or use of Pinknic Web Site/Services. You agree to indemnify and hold Pinknic, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on Pinknic Web Site/Services. Pinknic reserves the right to disclose any personal information about you or your use of Pinknic Web Site/Services, including its contents, without your prior permission if Pinknic has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Pinknic or its affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others. Pinknic’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pinknic’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Pinknic Web Site/Services or information provided to or gathered by Pinknic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pinknic with respect to Pinknic Web Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pinknic with respect to Pinknic Web Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.