Pinkfluence Terms of Use

Welcome to Pinkfluence! A place to collect and share your wishes!

Pinkfluence is owned and operated by pinkfluence.com. These Terms of Use apply to all users of our services, including any software, applications, web tools, widgets, bookmarks, wishing cards, plug-ins, components, technologies, or programs that we created for the purpose of using the Pinkfluence website or our services (collectively, the "Services"), and whether you access the site directly or through a third party website or via one or more of the Services. Before accessing or using this website (the “Site”), please read these Terms of Use carefully. The Terms of Use constitute a legally binding agreement between you and Pinkfluence. By using this site, you confirm your understanding and acceptance of the Terms of Use presented here.

The Site reserves the right to update or change these Terms of Use at any time by posting the most current version of the Terms or Use on the Site. Your continued use of the Service after we post any changes to the Terms of Use signifies your agreement to such changes. If you do not agree to these Terms of Use, you must discontinue using the Site and all Services.

Access
To use this Site and Services offered, you must be 13 years old or older. By accessing this Site or Services, you are certifying that you are at least 13 years of age.

Privacy
We have established a Privacy Policy to explain to users how we may collect and use certain information. You can read the Privacy Policy on our Site. Your use of the Site and the Services signifies your acknowledgement of, and agreement to, that Privacy Policy.

Registration
To use the Services, you may be required to register on the Site. There is no cost to register and you will be asked to provide us with certain information. In registering to pinkfluence.com, you agree to do the following: (a) provide true, accurate, current, and complete information (the "Profile Data") and (b) maintain and promptly update the Profile Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or Pinkfluece has reasonable grounds to suspect that you have, we may (in addition to any other rights or remedies available to us), suspend or terminate your use of the Site and Services.
As part of the registration, you may be asked to select a username and password. You may not (i) select or use a username of another person with the intent to impersonate or represent that person, (ii) use a username in which another person has rights without authorization from that person, or (iii) use a username that Pinkfluence, in its sole discretion, deems offensive.

In addition, we may permit you to register your account via your login credentials from a third party service, in which case you may be required to connect your account on those third party services to your account on the Site. When you connect and register your third party service for the first time, you will be asked to login to the Site using your third party service account credentials. By connecting your registration with a third party service, you are allowing us to access your account information and you are agreeing to abide by the applicable terms and conditions of the third party service in your use of the Services via such third party.

You must immediately notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are responsible for maintaining the confidentiality of your screen name and password, and you are fully and always responsible for all activities that occur under your screen name or password, including without limitation, all postings, commentary, discussion, and purchases. You should be careful and responsible about sharing your account information with third parties. You will be responsible for all acts and/or omissions of that third party on or in connection with the Site and/or the Services.

User Content
The Site and the Services allow users to post, interact, store, collect, share, exchange, and comment on products and services, which may include photographs, images, videos, drawings, concepts, ideas, opinions, and other content ("User Content").
You represent and warrant that neither (a) the User Content you post nor (b) any use by you of the Site or Services will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, or moral rights, or any other proprietary rights, or any other rights of publicity or privacy, or otherwise result in a violation of any applicable law or regulation.
You hereby grant us and our contractors, agents, and employees, an irrevocable, perpetual, royalty-free, non-exclusive, transferable, worldwide license to use, copy, display, broadcast, transmit, perform, stream, access, view, distribute, and create derivative works based on your User Content. We claim no ownership rights in any User Content you post to the Site and you understand that you alone shall remain solely responsible for any such User Content.

The Site and Services may contain web tools (wish tools, wishcards), features, and functionalities linking you to, or providing you with the ability to post, access, display, share, comment on, communicate about, and otherwise use content that may be owned by a third party or in which a third party may claim rights. Pinkfluence has no liability or responsibility for your actions with respect to any third party content. Any time you post, access, display, share, comment on, communicate about, or otherwise use third party content on or in connection with the Site, you are doing so at your own risk. If you have a complaint regarding intellectual property rights in or to any of the content on the Site, please contact us at support@pinkfluence.com.

User Conduct
We have no obligation to review User Content and we assume no responsibility for the deletion of any User Content on the Site. You acknowledge that you may be exposed to content that you find objectionable, indecent, or offensive or which is inaccurate, misleading or incomplete. You use the Site and Services at your own risk. You take sole responsibility for all User Content that you post on the Site. You agree that you will not engage in any conduct or make available any User Content that:
- is threatening, defamatory, illegal, abusive, obscene, intimidating, pornographic, discriminatory, or any material that would give rise to any civil or criminal liability;
- infringes any patent, copyright, trademark, publicity, or privacy right of any person or entity;
- impersonates or misrepresents your affiliation with any person or entity;
- contains any statement that is fraudulent, false, misleading or deceptive;
- contains an email address, telephone number, street address, last name, or any information that personally identifies a user;
- contains any type of unsolicited or unauthorized advertising or promotion
- that constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
- harms, disrupts, or impairs the Site or the Services;
Without limiting the foregoing, you further agree not to access, descramble, deactivate, remove, impair, bypass, or circumvent any technological measure that we, our partners, or a third party have implemented to protect the Site or the Services. You will not use any robot, spider, data-mining tool, web tool, software or device to access data on the Site. Unauthorized framing of or linking to the Site is prohibited.

Third-Party Links, Sites and Services
Links to third-party websites may be accessible on the Site or through our Services. We do not endorse or assume any responsibility for any such third party website, information, materials, products, or services including changes to price or availability.
If you access any third party website, service or content from Pinkfluence, you do so at your own risk and you agree that Pinkfluence will have no liability arising from your use of or access to any third party website, service or content. All matters concerning the services, merchandise, and other products desired from a third party seller including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, and delivery are solely between you and the third party. You are solely responsible for any payments for and/or other commercial transactions related to, goods and services that you may purchase from or possess as part of your use of the Site or the Services.

Wished Items on Pinkfluence.
Pinkfluence is not the merchant of any of the products that you wish for using the Site. We make no warranties or representations whatsoever with regard to any services, merchandise, or other products provided by a third party. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transaction. Furthermore, you hereby irrevocably waive any claim against us with respect to any transaction involving you and a third party in which we are not the seller, and/or involving any third party content.

Copyright and Trademarks
All content and materials available and published in the Site, including, but not limited to text, photographs, Company names, video, graphics, music, wish card graphics, website code, messages, comments, ratings, are the intellectual property of Pinkfluence and are protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without prior written consent of Pinkfluence. You cannot download content for your personal, non-commercial use. Downloading any photographs on the site that are not user-submitted is strictly prohibited. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us.

Digital Millennium Copyright Act
Content may be made available via the Site or the Services by third parties not within our control. We are under no obligation to, and do not, scan User Content, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Services. If you believe any materials on the Site or the Services infringe a copyright, you should contact us immediately at support@pinkfluence.com.

Content Removal
We may at any time and at our discretion, remove any content we feel does not comply with these Terms of Use. You are solely responsible for any interaction with other users of the Site or Services, and Pinkfluence has no obligation to monitor disputes between you and any other user.

We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice for any reason, including but not limited to: (i) any content that violates these Terms of Use or the any other posted policy or guidelines; (ii) removal is necessary to protect the rights, property or personal safety of Pinkfluence, its users, and the public; or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject, or we believe that by doing so will improve the experience of our users. Any action or inaction in a particular instance shall not dictate or limit our response to a future instance. If you believe that any postings on the Site violate these Terms of Use, please notify us at support@pinkfluence.com.

Disclaimers & Warranties
This agreement is effective as of November 11, 2013. The site, Pinkfluence, is at an early/prototype stage and will be testing functionality and features. The Site and Content, the services and any related materials appearing within the site are provided by Pinkfluence “as is,” that is without warranty of any kind, either expressed, implied, statutory or otherwise.

TO FULLEST EXTENT PERMITTED BY LAW, PINKFLUENCE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.

Without limiting the foregoing, Pinkfluence makes no warranty that: (i) The Site will meet your specific needs, expectations, or requirements; (ii) Access to the site will be continuous, uninterrupted, or available when needed; or (iii) any errors or deceived (perceived or other) in the Site, services or materials will be corrected.

YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES), ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.

Pinkfluence reserves the right at any time and from time to time, modify or discontinue, temporarily or permanently, Services and features of this site (or any part thereof) including changing free services to paid services and paid services to free services. Pinkfluence reserves the right to change, discontinue, or suspend the Site or any of the Services at any time for any reason.

Indemnity
You understand that you are personally responsible for your behavior while on the Site. You agree to indemnify and hold harmless Pinkfluence, and its employees, vendors, third party contractors, affiliates, business partners, and their respective officers, directors, and agents, from and against any losses, damage, liabilities, costs, or expenses of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms of Use, applicable law or the rights of any third party.

Limitation of Liability
IN NO EVENT WILL WE OR ANY PRESENT AND/OR FUTURE AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE OR SERVICES, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE MAY CHANGE OR SUSPEND ACCESS TO THE SITE AND/OR SERVICES, AND WE MAY DELETE FEATURES OF THE SAME, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON. WE ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, WHETHER IT IS PROVIDED BY USERS OR THIRD PARTIES OR (2) ANY THIRD PARTY CONDUCT OR THIRD PARTY CONTENT, TRANSMISSIONS OR DATA. IN ADDITION, WE ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE AND SERVICES; (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND THE SERVICES AND SERVICES AND OTHER WEB SITE, SOFTWARE, AND OR HARDWARE; (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS ON, WITH, OR IN CONNECTION WITH THE SITE AND SERVICES IN AN ACCURATE OR TIMELY MANNER; (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THAT YOU MAY EXPERIENCE THROUGH OR AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICES; OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND THE SERVICES, AND THE APPLICATIONS AND SERVICES AVAILABLE FROM THIRD PARTIES AND/OR THROUGH LINKS ON OR FROM THE SITE AND SERVICES.

IF YOU ARE UNSATISFIED WITH THE SITE OR THE SERVICES, IF YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PARTY WITH RESPECT TO THIS AGREEMENT, THE SITE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, AND THE SERVICES.

In the event that, notwithstanding the foregoing disclaimers and indemnifications, we are found responsible to any user for any reason whatsoever, our responsibility shall be limited to the amounts such user has actually paid us for that user's use of the Site or the Services, and shall not include punitive damages or consequential or resulting damages of any kind.

Termination
You agree that Pinkfluence, may, at its sole discretion, deny you access to the Site and disable any user name and password associated with you for any reason, including, without limitation, if Pinkfluence believes that you have violated or acted in conflict with or inconsistently with the Terms of Use. We can suspend or terminate your access to the Site or the Services, in whole or in part, at any time, immediately and without notice for any reason at Pinkfluence’s sole discretion, including without limitation, if you fail to comply with any of these Terms of Use or other posted policy or guideline or your conduct is detrimental to our business. Any decision Pinkfluence makes relating to suspension or termination of any user's use shall be final and binding. In the event of suspension or termination, you are no longer authorized to access the Site or the Services and you shall continue to be bound by the disclaimers, limitations of liabilities, arbitration provision, governing law and jurisdiction set forth in these Terms of Service.

Governing Law, Arbitration and Jurisdiction
These Terms of Use shall be governed by the law of the state of CALIFORNIA, without respect to its conflict of laws principles. For any dispute you have with Pinkfluence, you agree to first contact us and attempt to resolve the dispute with us informally. If a resolution cannot be achieved informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive relief or other equitable relief) arising out of or relating to these Terms of Use, your use of the Site, or the Services shall be resolved by arbitration in accordance with California law. Any questions regarding these Terms of Use can be sent to support@pinkfluence.com.