Terms of Use

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, www.pink51.com, sub-domains, and any Pink51 created and managed web-based and mobile applications (collectively, “Website”), as owned and operated by Pinkonomics Inc. (€œPink51€).

This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website (collectively “Legal Terms”) constitute the entire and only agreement between you and Pink51, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms of Use was posted on November 2013.

Definitions

The terms “us” or “we” “our” or “Pink51″€ refers to Pinkonomics Inc., the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

General Terms of Use

Welcome to the Website, which is operated by Pink51. By accessing or using this Website, you confirm that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “€œAgreement”€), whether or not you are a registered member of the Service. We reserve the right, at any time, to add to, change, update, or modify these Terms of Use, simply by posting such change, update, or modification on the Website and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Website. It is your responsibility to review these Terms of Use from time to time to ensure that you continue to agree with all of its terms.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Eligibility

Membership in the Service is void where prohibited. This Website is intended solely for Users who are thirteen (13) years of age or older. Any registration by, use of or access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Website, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms

Pink51 is a directory service that benefits from companies and staff submitting people and company data and media files. This information may be inaccurate or out-of-date and companies may make mistakes when submitting the information. Pink51 assumes no responsibility regarding the accuracy of the information that is provided to Pink51 and use of such information is at your own risk.

Pink51 shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content within the Pink51 Content originating with or otherwise provided by third parties.

Data and media files are continually amended and updated in the Service to keep the service up-to-date. Pink51 has no responsibility or liability for the deletion or failure to store or display any content that is contributed to the Content, Website, or Service.

The Pink51 Content may be changed, updated, or deleted without notice for any reason at Pink51’s sole discretion.

Third Party Material and Content

Any and all Content and materials belonging to third parties and licensed to Pink51 for display or use on the Website is the property of those third parties and Pink51 does not license or consent to the use of any such Content or materials.

Trademarks and Republishing

Unless otherwise indicated, all Website materials and Content, including, without limitation, the Website logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials appearing on the Website that originated from us — including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance — without the prior written permission of us is strictly prohibited. For permission to republish any material appearing on the Website, please contact Meredith@shoppink51.com.

The Website name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Website, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

User Conduct

You represent, warrant and agree not to harvest or collect email addresses or other contact information of other Users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;

upload, post, transmit, share, store or otherwise make available any content without the express permission of Pink51, and should you be granted any such permission any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

You further agree that you will not: impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

upload, post, transmit, share, store or otherwise make publicly available on the Website any private information such as Social Security numbers and credit card numbers;

solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

intimidate or harass another;

upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

use or attempt to use another’s account, service or system without authorization from Pink51, or create a false identity on the Website.

upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Pink51 or its Users to any harm or liability of any type.

post anything that exploits children or minors or that depicts cruelty to animals.

Copyright Infringement

Pink51 has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate suspension and/or termination of any Website User who is found to have infringed on the rights of Pink51 or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Pink51 to delete, edit, or disable the material in question, you must provide Pink51 with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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; and (f) 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. For this notification to be effective, you must provide it to Pink51’s designated agent at:

Meredith Edelman

Pink51

Meredith@Pink51.com

Links to Third Party Websites

The Website contains (or you may be sent through the Website) links to other web sites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Website Content”). We do not control or monitor such Third Party Websites or Third Party Website Content, and we are not responsible for any Third Party Websites or Third Party Website Content accessed through the Website. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Website Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites, you do so at your own risk and you should be aware that our terms and policies no longer govern.

Proprietary Rights

Pink51, its licensors, and its content providers (including Users who contribute to the site) own all right, title and interest in and to the Content created on this Website and Service. This Website and Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use this Website or the Service, or any portion thereof.

Relationship of the parties

You and Pink51 are independent entities, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.

Termination

Pink51 may terminate your membership, delete your Pink51 acount and any content or information that you have posted on the Website and/or prohibit you from using or accessing the Website for any reason, or no reason, at any time in its sole discretion, with or without notice.

Privacy Policy

Company respects your privacy. A complete statement of Company’s current privacy policy can be found at: http://shoppink51.com/pages/privacy-policy. Pink51’s privacy policy is expressly incorporated into this Agreement by this reference.

Disclaimer

PINK51 HEREBY DISCLAIMS ALL WARRANTIES. PINK51 IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PINK51 DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation on Liability

PINK51’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PINK51 OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY PINK51. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Indemnity

You agree to indemnify, defend, and hold harmless Pink51, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of the Website.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Change of Control

In the event of a change of control of Pink51 or the sale of substantially all of Pink51’s assets, all rights of Pink51 hereunder shall be transferable without notice to you.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Pink51 regarding the use of the Website, superseding any prior agreements between you and Pink51 relating to your use of the Website.

Contact us by email:

meredith@Pink51.com