Terms and Conditions
Terms of Service
The terms and conditions contained herein (“Terms of Service”) constitute a binding agreement between you and The Pink List™ (“Company”). By accessing and/or using any of the content and functionality available through www.thepink-list.com and its related webpages (collectively the “Website”), you signify that you agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please do not use the Website.
In order to access some features of the Website, you will have to create an account. You represent and warrant that: (i) all information you provide when creating your account (“Registration Data”) shall be complete and accurate; and (ii) you shall regularly update your Registration Data so as to maintain its accuracy, currency, and completeness. For the avoidance of doubt, Company reserves the right to terminate your account should it determine that your Registration Data is false, inaccurate, and/or incomplete.
Company reserves the right to decide whether your access and/or use of the Website is appropriate and complies with the Terms of Service. Should Company, in its sole discretion, decide that your access and/or use of the Website is inappropriate and/or does not comply with the Terms of Service, Company may terminate your access and use of the Website.
In consideration for your agreeing to these Terms of Service, Company grants you a nonexclusive, limited, revocable right to access and use the Website for your own personal, non-commercial use. For the avoidance of doubt, the aforementioned limited license does not grant you the right to frame or utilize framing techniques to display any portion of the Website without the express written permission of Company.
Ownership of Website
All right, title, and interest to the Website (including, but not limited to ownership rights to any and all patents, copyrights, trademarks, and/or servicemarks contained therein) are the exclusive property of Company and except for the aforementioned nonexclusive, limited, revocable right to access and use the Website, no right, title, and interest in or to the Website or any related patents, copyrights, trademarks, and/or servicemarks contained therein are transferred to you by accessing and/or using the Website.
Terms of Sale
Any purchase made by User through the Website must be paid in full at the time of sale and User may not modify, cancel, or return any materials purchased through the Website without first receiving Company’s written permission. Any purchase made by User through the Website is for physical goods only and any and all intellectual property rights in any purchased materials are retained by Company. For the avoidance of doubt, the purchase of any material through the Website is not intended to effectuate a transfer of any of Company’s intellectual property rights and User hereby represents and warrants that it shall not contest Company’s intellectual property rights in any material purchased through the Website. User hereby expressly acknowledges that: (i) the Website may contain typographical errors and/or omissions which may related to product descriptions, pricing, availability, and other similar inaccuracies; (ii) Company reserves the right to correct any such typographical errors and/or omissions at any time without prior notice (including prior to fulfilling an order submitted by User); and (iii) Company may refuse or cancel any order arising of our such typographical errors and/or omissions regardless of whether such order has been submitted, confirmed, or charged on User’s credit card.
As an account holder, you may upload reviews, comments, photos, and/or other content and information (collectively “User Submissions”) to the Website. You are solely responsible for your User Submissions and the consequences of uploading them to the Website. You represent and warrant that: (i) you are the owner of all User Submissions you upload to the Website or you otherwise have the right to upload such User Submissions to the Website; and (ii) the User Submissions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” To this end, Company acknowledges that it is granted no right, title, and interest in your User Submissions except that Company shall have a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Company’s business, including without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your access and/or the Website; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. For the avoidance of doubt, this defense and indemnification obligation will survive the Terms of Service and your access and/or use of the Website.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR (AND YOU WAIVE YOUR RIGHT TO CLAIM) ANY CLAIM, LOSS, ACTION, INJURY, DAMAGE, LIABILITY, COST, AND/OR EXPENSE OF ANY KIND RESULTING IN ANY WAY FROM YOUR ACCESS AND/OR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS SUCH, THE LIMITATIONS AND EXCLUSIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.
Risk of Loss
All items purchased from Company are made pursuant to a shipment contract and risk of loss and title for such items pass to you upon our delivery to the carrier.
Statute of Limitations
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Procedure for Making Claims of Copyright Infringement
If you believe that your copyrightable work of authorship is being infringed upon by Company, please e-mail the following information to firstname.lastname@example.org: (i) a description of the copyrighted work that you claim has been infringed upon; (ii) a description of where the material that you claim is infringing is located on the site; (iii) your address, telephone number, and e-mail address; (iv) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Consent to Jurisdiction; Choice of Law
By accessing and using Website, you agree that: (i) any case or controversy arising from or related to your use of the Website shall be governed by and construed in accordance with the laws of the state of Massachusetts without giving effect to its conflict of laws principles; and (ii) jurisdiction of any legal dispute arising hereunder shall be exclusively had in Massachusetts.
Ability to Accept Terms of Service
You represent and warrant that: (i) you are over the age of thirteen (13); (ii) you are more than eighteen (18) years of age, an emancipated minor, or possess legal parental or guardian consent; and (ii) are fully able and competent to accept these Terms of Service. For the avoidance of doubt, if you are under the age of thirteen (13), please do not use the Website.
These Terms of Service and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by Company without restriction.
Company may revise these terms and conditions at any time without notice by updating these Terms of Service. You should visit this web page periodically to review the Terms of Service.
Privacy & Security
Information Collected: In order to access this Site, you must first complete the registration process. During the registration process, we collect personal information such as your name and email address. Once you complete and submit your registration, you have opted-in to receive email communication from The Pink List.
We also collect personal information when you become a member, we require you to provide additional information such as your phone number, billing and shipping addresses and credit card information, and we may request additional personal information such as your shopping preferences and demographics.
If you choose to invite an individual to join The Pink List, you will need to provide his/her name and email address. The Pink List stores this information to confirm qualifying orders attributable to your account and to track the results of the invitation referrals.
In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
How We Protect Your Information: We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
The Site encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.
While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.
Children’s Privacy and Parental Controls: We do not solicit any personal information from children. If you are not 18 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.