AGREEMENT BETWEEN USER AND Presto Pink, LLC.
The Presto Pink, LLC. ("Presto Pink, LLC.") website (the "Website") is offered to you ("you," "your" or "user") conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions and notices. Additionally, the Website may contain additional terms that govern particular features or offers such as promotions, forums, chat services or other features. Except as expressly provided in such promotional terms, these terms of use shall be binding between you and Presto Pink, LLC.
MODIFICATION OF THESE TERMS OF USE
Presto Pink, LLC. reserves the right to change the Website as well as the terms, conditions and notices under which the Website is offered, including but not limited to any charges associated with the use of the Website. You are responsible for regularly reviewing these terms and conditions. Your use of the Website shall be conclusively deemed an acceptance of these terms.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise agreed in writing by Presto Pink, LLC., the Website is for your personal and non-commercial use. Presto Pink, LLC. grants you a limited, revocable and nonexclusive license to access and make personal use of the Website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer exploit for any commercial purpose, or sell any content, information, software, products or services obtained from the Website without express written consent from Presto Pink, LLC. You may not create a hyperlink to the Website on any other website or location on any computer network without express written consent from Presto Pink, LLC.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
TRADEMARKS AND COPYRIGHTS
All content on Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of Presto Pink, LLC. or its content suppliers and protected by United States and international copyright laws. Unauthorized duplication is a violation of these laws, and may subject you to civil and criminal penalties.
Presto Pink, LLC. and other marks indicated on the website are registered trademarks of Presto Pink, LLC. or its affiliates, in the United States and other countries. Presto Pink, LLC. graphics, logos, page headers, button icons, scripts and services names are trademarks and trade dress of Presto Pink, LLC. or its affiliates. Presto Pink, LLC.’s trademarks and trade dress may not be used in connection with any other party's product or service, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, dilutes or is harmful to the Presto Pink, LLC. All other marks not owned by Presto Pink, LLC. or its affiliates are the property of their respective owners.
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of Presto Pink, LLC. or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Presto Pink, LLC.’s name or trademarks without Presto Pink, LLC.’s express written consent.
NOTICE OF COPYRIGHT INFRINGEMENT
Presto Pink, LLC. respects the intellectual property rights of others, and we ask our users to do the same.
CHILDREN
The Website does not sell products for purchase by children, nor is it designed for use by children. Our products are only for purchase by adults. If you are under 18, you may use the Website only with the supervision of a parent or guardian.
LINKS TO THIRD PARTY SITES
The Website may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of Presto Pink, LLC., and Presto Pink, LLC. is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Presto Pink, LLC. is not responsible for webcasting or any other form of transmission received from any Linked Site. Presto Pink, LLC. is not responsible for the privacy policy, terms of use or use of your information which may be made by Linked Sites. You should carefully review any terms of use or privacy statements on these Linked Sites. Presto Pink, LLC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Presto Pink, LLC. of the Linked Site or any association with the Linked Site's operators. You should carefully review the Linked Site's privacy statements and other conditions of use on these Linked Sites.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Presto Pink, LLC. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use Website in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). Your use of the Website constitutes your agreement to use the Communication Services only to post, send and receive messages and material that are related to the particular Communication Service and not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; Conduct, send or forward surveys, contests, pyramid schemes, chain letters, mass mailings or any form of "spam"; Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; Use a false email address, impersonate any person or entity or otherwise mislead anyone as to the origin of any communication or content; Restrict or inhibit any other user from using and enjoying the Communication Services; Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or Violate any applicable laws or regulations.
If you post or submit any content or material to the Website and/or through the Communication Services, you thereby grant Presto Pink, LLC. and its agents and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content or material throughout the world in any media. You also grant Presto Pink, LLC. and its agents, affiliates and sub-licensees the right to use the name under which you submitted such content or material. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit, that the content is accurate, that use of the content does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify Presto Pink, LLC. or its agents or affiliates for all claims resulting from content you supply. Presto Pink, LLC. has no obligation to monitor the Communication Services. However, Presto Pink, LLC. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Presto Pink, LLC. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Presto Pink, LLC. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Presto Pink, LLC.’s sole discretion.
WARRANTY, RISK OF LOSS & PRODUCT DESCRIPTIONS
All items purchased from Presto Pink, LLC. are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Presto Pink, LLC. and its affiliates try to be as accurate as possible in describing products offered for sale to users. However, Presto Pink, LLC. does not warrant that product/service descriptions or other content of Website are accurate, complete, reliable, current or error-free. If a product/service offered by Presto Pink, LLC. is not as described, your sole and exclusive remedy is to return the product, postage or shipping prepaid, in unused condition.
Your shipment may contain warranty terms and conditions for any product/service offered on this Website, which shall be controlling. Subject to the inclusion of such warranty terms and conditions, all products/services offered on this Website are sold AS IS, and you assume the risk of use of any such products/services and Presto Pink, LLC. expressly disclaims all express and implied warranties INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR USE. You agree that Presto Pink, LLC.'s sole and exclusive liability for the breach of any warranty, or for any contractual claim, shall be limited to a refund of products/services purchased on this Website. Certain States may not allow the disclaimer of implied warranties, and this disclaimer may not apply to you and you may have additional rights.
LIABILITY DISCLAIMER
THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THESE TERMS OF USE AND TO THE CONTENT ON THE WEB SITE. Presto Pink, LLC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Presto Pink, LLC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE OPERATION OF THE WEB SITE OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE. ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE "CLIENT" WEB SITE IS AT YOUR SOLE RISK. Presto Pink, LLC. DOES NOT WARRANT THAT ITS SITES, ITS SERVERS, OR EMAIL SENT FROM Presto Pink, LLC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Presto Pink, LLC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL Presto Pink, LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Presto Pink, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the Website, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute arising between you and Presto Pink, LLC. or its affiliates.
DISPUTE RESOLUTION
Any dispute relating in any way to the Website or to products/services you purchase through the Website shall be submitted to confidential arbitration in Woodland Hills, California, except that, to the extent you have in any manner violated or threatened to violate Presto Pink, LLC.'s intellectual property rights, Presto Pink, LLC. may seek injunctive relief or other appropriate relief in any state or federal court in the state of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the agreement, whether through class arbitration proceedings or otherwise.
SEVERABILITY
If any of the terms or conditions in these Terms of Use shall be deemed invalid, void or for any reason unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Privacy Policy
Presto Pink, LLC. ("Presto Pink, LLC.") recognizes the importance of protecting the privacy of all information provided by users of the Presto Pink, LLC. website (the "Website").
INFORMATION COLLECTED BY THE WEBSITE
In order to access certain portions of the Website, users must register and provide certain voluntary information about themselves. The Website may collect and store information about its users: during users' registration for such features of the Website; through users' participation in certain activities on related websites, such as contests and polls.
USE OF INFORMATION
Presto Pink, LLC. will not reveal to any third party a user's personal information provided to us through the Website except in the following circumstances:
We have your permission or consent to share the information;
We need to share your information to provide the product or service you requested;
We need to send the information to companies who work on behalf of Presto Pink, LLC. to provide a product or service to you;
We are responding to subpoenas, court orders or other legal proceedings; or
We sell or acquire another business, or are acquired by another business, in which case such information may be one of the business assets transferred.
Using email addresses provided at registration or otherwise, Presto Pink, LLC. may periodically send out email newsletters and promotional email to our users about services and products offered by Presto Pink, LLC.
GENERAL
Presto Pink, LLC. is not responsible for the content or the privacy polices of websites to which it may provide links or the websites of those entities which advertise on our website.
Presto Pink, LLC. uses reasonable precautions to keep the personal information disclosed to us by our users secure and to disclose such information only after obtaining permission from the user (except under the circumstances discussed above). CHILDREN The Website does not sell products for purchase by children. Our products are only for purchase by adults. If you are under 18, you may use the Website only with the supervision of a parent or guardian.
SECURITY
Website account information is password-protected for your privacy and security. In certain areas of our website, we use SSL-encryption to protect data that is transmitted. Presto Pink, LLC. makes no claim, warranty or representation that even SSL level encryption is completely secure, and you provide such information at your own risk.
TERMS OF USE, NOTICES, AND CHANGES TO PRIVACY POLICY
If you choose to visit the Website, your visit and any dispute relating to privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of the law of the State of Virginia. Presto Pink, LLC. reserves the right to change this Privacy Policy, the Website and the terms, conditions and notices under which the Website is offered. You are responsible for regularly reviewing these terms and conditions.