Terms & Conditions
Welcome to the website (“Website”) of Pink Kisses (“Pink Kisses®”). This Website and the content herein are provided to you subject to these terms and conditions. This document is a contractual agreement (“Agreement”) between you and Pink Kisses®. As a condition for accessing or utilizing any part of the Website, you hereby agree to all terms of this Agreement. Pink Kisses® may modify this Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications. The terms of the Bettyville registration agreement are incorporated into these terms by reference. You can review the most current version of this Agreement by visiting http://www.pinkkisses.com/.
“Pink Kisses®” means Pink Kisses, LLC and its affiliates, subsidiaries, joint venturers, partners, successors and assigns.
“Personally Identifiable Information” means any information that identifies an individual, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, or mother’s maiden name.
“Website” means the website you are viewing at the moment, and also includes any and all websites owned, operated or controlled by Pink Kisses®.
“User” or “you” or “your” refers to any and all individuals, companies, organizations, and other entities who access or use this Website in any way imaginable, whether through existing technology or through technology not heretofore manufactured or discovered, or who request, purchase, subscribe to, access, or otherwise use the services and products offered by Pink Kisses®.
You agree keep your password confidential and not to distribute it or otherwise allow any one other than you to access your account. Your password is the ultimate key to all of the information in your account, including your email, resume, files, and any other information you have provided to us.
Any communication you make on this Website or over the Internet, whether sent via e-mail, via a form on the Website, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on an appropriate web page that you can expect the communication to be secure or encrypted.
4. refusal & termination of service
Pink Kisses® reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
Pink Kisses® grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the Website in real time and to use the materials in the Website in a manner consistent with Paragraph 6 (Intellectual Property Rights) below.
6. intellectual property rights
Unauthorized duplication of this Website, in whole or in part, or of any content downloaded from the Website is a violation of United States copyright law and international treaties.
Unless otherwise stated, Pink Kisses, LLC owns the copyright in this Website and the content thereof, including, without limitation, all text, graphics, images, video material, audio material, and other content (“Copyright Material”). The Copyright Material is protected by state, federal, and international copyright laws. You may display and download portions of the Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Pink Kisses®Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law.
PINK KISSES® and the Pink Kisses® design, images, and graphics are trademarks, trade names, or service marks of Pink Kisses®. The PINK KISSESä word marks, design, graphics, trademarks, trade names, and service marks may not be used in any manner by any person, organization, or entity, or in connection with any product or service, without the express written authorization of an officer or director of Pink Kisses® All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
C. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent for Pink Kisses®:
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
3. A reasonably detailed description of where the alleged infringing material is located on this website;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pink Kisses® values and encourages feedback on our products and services. Pursuant to Pink Kisses® company policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by Pink Kisses®. If you choose to send any creative submissions to us, whether at Pink Kisses’® request, or despite our request that you do not send submissions to us, then you hereby irrevocably transfer any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), including, without limitation, all copyright rights, trademark rights (and goodwill appurtenant thereto), trade secret rights, industrial rights, and moral rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby waive enforcement of any and all moral rights. Pink Kisses® shall be entitled to complete unrestricted use of the submissions and all information contained therein for any purpose, whether commercial or otherwise, without compensation to or recognition of the author or provider of the submissions.
8. Visitor Representations & Warranties
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Website, products, and services in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Website, products, and services and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Website; and (ii) to maintain and update your information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Pink Kisses® has the right to terminate your account and refuse any and all current or future use of the Website.
You further represent and warrant that you will not provide the name, address, email address, phone number, or other personally identifiable information of any person under the age of 13. Violation of this provision is grounds for immediate cancellation of any orders, goods, and services offered hereunder.
You represent and warrant that you own, or have otherwise lawfully obtained the right to use, all right, title and interest in and to all photographs, images, videos, graphics, information, data, or other content (jointly and severally “User Content”) which you may upload, post, or otherwise use or make available on or through this Website, and that your posting, uploading, reproduction, distribution, performance, display or other use of the User Content does not, and shall not, infringe or violate the rights of any third party.
9. Governing Law, Jurisdiction, & Venue
All uses of the Website, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. You further irrevocably agree that the state and federal courts situated in Travis County, Texas shall have exclusive jurisdiction and venue over any and all disputes arising under or related to this Agreement and you hereby expressly waive jurisdiction and venue in any other forum.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PINK KISSES®, ITS PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARTNERS, OWNERS, JOINT VENTURERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. PINK KISSES® MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT PINK KISSES’S® RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT PINK KISSES’S®PRIOR WRITTEN APPROVAL.
11. LIMITATION OF LIABILITY
ACCESS TO THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT PINK KISSES®, ITS PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, JOINT VENTURERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR PINK KISSES’S® PROVISION OF THE CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY PINK KISSES® EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, PINK KISSES® SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
12. DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED ON AN “AS IS” BASIS. THERE IS NO GUARANTEE THAT ANY STATEMENTS, GOODS OR SERVCIES PROVIDED TO YOU HEREON WILL MAKE YOU FEEL BETTER. PINK KISSES®MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. PINK KISSES® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PINK KISSES®SHALL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
ACCEPTABLE USE POLICY
13. Lawful Purpose
The Pink Kisses® Website may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of Pink Kisses’® Acceptable Use Policy (“AUP”) is strictly prohibited. Examples of such information, data, or material include unauthorized use of copyrighted works, trademarks, trade secrets, or the dissemination of harmful or fraudulent content. Any conduct by any visitor or user that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Pink Kisses’® products or services is strictly prohibited. Using the Pink Kisses’® Website to perform, or solicit the performance of, any illegal activity is also strictly prohibited.
In addition to the forgoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly:
- Posting or transmitting any unsolicited advertising, promotional materials, junk mail, “spam,” chain letters/emails, telephone calls or any other form of solicitation to anyone.
- Spamming any email address that appears on the Website.
- Posting any multi-level-marketing, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business or commercial opportunity.
- Including any hidden text in your postings, including words in white or otherwise invisible font.
- Deleting or revising any material posted by any other person or entity.
- If you have a password allowing access to a nonpublic area of the Website, you are prohibited from sharing or disclosing it to any third party, and from allowing any third party to access the Website under your account.
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from Pink Kisses® on the Website and other than generally available third party web browsers.
- Accessing the Website by any means other than through the interface that is provided by Pink Kisses® for use in accessing the Website.
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising a part of the Website.
- Aggregating, copying or duplicating in any manner any of the materials or information available from the Website.
- Framing of or linking to any of the materials or information available from the Website.