Terms and Conditions
1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to the PinkPavilions.com web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that PinkPavilions.com may terminate your access to the PinkPavilions.com directory or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by PinkPavilions.com. These Terms and Conditions may be updated regularly, so, please review this section regularly. PinkPavilions.com does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion or sexual orientation.
3. REGISTRATION AND PRIVACY
Certain sections of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. PinkPavilions.com does not sell or rent user’s personal information, although we may compile statistics from our database for marketing purposes.
4. RESPONSIBILITY FOR MINORS
User must be 18 or older. In cases where you have authorized a minor to use PinkPavilions.com to access its Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some areas of the pinkpavilions.com web site and partners web sites may contain material that is inappropriate for minors.
5. PARENTAL CONTROLS AND CHILD SAFETY
PinkPavilions.com is designed for a mature audience. Pinkpavilions.com is not responsible for your children’s access to its web site. All users must be 18 or older. Certain material available on PinkPavilions.com (images, copy, articles, links to external sites, etc.) may not be appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available and we encourage parents to adopt them.
6. MEMBER AND USER CONDUCT
Upon registering, you will receive a PinkPavilions.com ID and password. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID and password. You agree to (a) immediately notify PinkPavilions.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PinkPavilions.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not PinkPavilions.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. PinkPavilions.com does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is misrepresented, misleading, offensive, indecent or objectionable. Under no circumstances will the PinkPavilions.com be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, PinkPavilions.com does not pre-screen user or third party Content posted on the PinkPavilions.com, although PinkPavilions.com reserves the right to do so. PinkPavilions.com does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. PinkPavilions.com reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by PinkPavilions.com. PinkPavilions.com Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
You acknowledge and agree that PinkPavilions.com and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation PinkPavilions.com and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by PinkPavilions.com, in its sole discretion. PinkPavilions.com may also terminate access to, or membership to PinkPavilions.com or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of PinkPavilions.com.
You expressly acknowledge and agree that PinkPavilions.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PinkPavilions.com, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by PinkPavilions.com with regard to its users may be disclosed in accordance with PinkPavilions.com's Privacy Policy.
PinkPavilions.com also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
7. LICENSE TO USER CONTENT
With respect to any Content posted by or in connection with the Products and Services, you grant PinkPavilions.com a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere. Such license shall apply with respect to any form, media, or technology now known or later developed.
Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.
8. CANCELLATION
You may cancel your contract for PinkPavilions.com services within three business days after the first business day after you execute the contract, and all monies paid under the contract will be refunded to you. For the purposes of this paragraph, a "business day" means weekdays on which PinkPavilions.com business office is open for business. Your right to cancel your contract is in addition to any other contract rights or remedies provided by law.
9. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PINKPAVILIONS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PINKPAVILIONS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. PINKPAVILIONS.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PINKPAVILIONS.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. PINKPAVILIONS.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. PINKPAVILIONS.COM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. PINKPAVILIONS.COM MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY PINKPAVILIONS.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PINKPAVILIONS.COM, MEDIAMIX DESIGN AND PUBLISHING INC. OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PINKPAVILIONS.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PINKPAVILIONS.COM NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE PINKPAVILIONS.COM NETWORK. WITH RESPECT TO PREMIUM TRIPOD MEMBERS, PINKPAVILIONS.COM' AND TRIPOD, INC.'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PREMIUM MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT. FOR ALL CLAIMS RELATING TO QUOTE.COM'S PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS FOR FAILURE OF THE SYSTEM TO OPERATE, IN NO EVENT SHALL THE LIABILITY OF QUOTE.COM, INC. OR PINKPAVILIONS.COM, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEE, IF ANY PAID BY THE USER FOR THE SYSTEM.
UNDER NO CIRCUMSTANCES SHALL PINKPAVILIONS.COM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
11. DISCLAIMER REGARDING THIRD PARTY CONTENT
PinkPavilions.com offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, PinkPavilions.com has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on PinkPavilions.com or provided to PinkPavilions.com by third parties, PinkPavilions.com may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through PinkPavilions.com from such sources is developed by people over whom PinkPavilions.com exercises no control.
12. DISCLAIMER REGARDING PICTURES POSTED THROUGHOUT PINKPAVILIONS.COM
Pictures posted throughout PinkPavilions.com are protected by copyright and/or other intellectual property laws. PinkPavilions.com does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Content. PERMISSIONS: If you would like permission to use any PinkPavilions.com trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or any other brand feature, please email us at media@pinkpavilions.com.
13. INDEMNITY AND RELEASE
By using PinkPavilions.com web site you agree to indemnify PinkPavilions.com and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of PinkPavilions.com web site, your use of the Products and Services, or your submission of ideas and/or related materials to PinkPavilions.com or from any person's use of any account or password you maintain with any portion of PinkPavilions.com, regardless of whether such use is authorized by you. By using PinkPavilions.com, using its Products and Services, or submitting any ideas and/or related materials to PinkPavilions.com, you are hereby agreeing to release PinkPavilions.com and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to PinkPavilions.com.
14. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the PinkPavilions.com or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
15. COPYRIGHT NOTICE
© 2005-2007 PinkPavilions.com, Mediamix Design & Publishing Inc. and their licensors. PinkPavilions.com, its logo and all materials contained in www.pinkpavilions.com are copyright protected. Please contact media@pinkpavilions.com for permission to use any material contained in this web site.
16. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of PinkPavilions.com to respond expeditiously to claims of intellectual property infringement. PinkPavilions.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of alleged infringement should be directed:
- a) Via mail to:
Pink Pavilions, LLC. – Notice of Copyright Infringement
265 Turkey Sag Trail, Suite 102 #160
Palmyra, VA 22963 - b) Via email to:
copyright@pinkpavilions.com
Please put "Notice of Infringement" in the subject line of all such notifications.
17. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Florida applicable to contracts entered into and wholly to be performed within said state.
18. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
PinkPavilions.com reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. PinkPavilions.com reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
19. NON-WAIVER AND SEPARABILITY
PinkPavilions.com's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
20. RELATIONSHIP OF PARTIES
You acknowledge and agree that you, PinkPavilions.com and Mediamix Design & Publishing Inc. are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
21. COMMUNICATIONS WITH USERS
You consent to receive communications from PinkPavilions.com and/or Mediamix Design & Publishing Inc. (www.mediamixweb.com) concerning your use of the Products and Services ("Communications"). The Communications may be those that PinkPavilions.com and/or Mediamix Design & Publishing Inc. (www.mediamixweb.com) is/are required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that PinkPavilions.com and/or Mediamix Design & Publishing Inc. (www.mediamixweb.com) send to you for other reasons. You consent to receive Communications electronically. PinkPavilions.com and/or Mediamix Design & Publishing Inc. (www.mediamixweb.com) may provide these Communications to you by sending an email to the email address you provided in connection with your account. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which PinkPavilions.com sends Communications by visiting your account information page.
25. SUBMISSIONS OF IDEAS
PinkPavilions.com is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to PinkPavilions.com, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO PINKPAVILIONS.COM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO PINKPAVILIONS.COM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO PINKPAVILIONS.COM THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PINKPAVILIONS.COM IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY PINKPAVILIONS.COM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Please read the entire Terms and Conditions, as PinkPavilions.com, its Products and Services are offered subject to these Terms and Conditions.
Thank you for your time,
PinkPinkpavilions.com
Last updated: June 27, 2007