Welcome to PinkCityArts.com! This website is owned and operated by PinkCityArts LLC, a company registered in the state of New Jersey. These terms and conditions of use govern your access to and use of PinkCityArts.com, including any content, functionality, and services offered on or through the website.
Use of PinkCityArts.com
- In any way that violates any applicable federal, state, local, or international law or regulation;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- To impersonate or attempt to impersonate PinkCityArts LLC, a PinkCityArts LLC employee, another user, or any other person or entity;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of PinkCityArts.com, or which, as determined by PinkCityArts LLC, may harm PinkCityArts LLC or users of PinkCityArts.com or expose them to liability.
- The content, features, and functionality of PinkCityArts.com, including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned by PinkCityArts LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Limitation of Liability
To the fullest extent permitted by applicable law, PinkCityArts LLC and its affiliates, officers, directors, employees, agents, partners, licensors, and suppliers shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PinkCityArts LLC has been advised of the possibility of such damages), arising out of or in connection with the use or inability to use the services or the content, including without limitation any damages caused by or resulting from:
1. Reliance by any user on any information obtained from PinkCityArts LLC;
2. Mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to PinkCityArts LLC’s records, programs, or services;
3. Unauthorized access to or alteration of user transmissions or data;
4. Statements or conduct of any user or third party on the services; or
5. Any other matter relating to the services or the content.
To the maximum extent permitted by applicable law, the total liability of PinkCityArts LLC and its affiliates, officers, directors, employees, agents, partners, licensors, and suppliers for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the applicable service or product.
You agree to indemnify, defend, and hold harmless PinkCityArts LLC and its affiliates, officers, directors, employees, agents, partners, licensors, and suppliers, from and against any and all claims, demands, expenses (including reasonable attorneys’ fees), damages, losses, and liabilities (including settlements), arising out of or in connection with your use of the services or the content, your violation of these terms, or your violation of any rights of any third party.
PinkCityArts LLC may, in its sole discretion, terminate or suspend your access to all or part of the services at any time, with or without notice, for any reason, including, without limitation, breach of these terms. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the services at our sole discretion, and we may refer you to appropriate law enforcement agencies.
Governing Law and Venue
These terms and your use of the services shall be governed by and construed in accordance with the laws of the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms or the services shall be filed only in the state or federal courts located in the State of New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
These terms constitute the entire agreement between you and PinkCityArts LLC with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and PinkCityArts LLC with respect to the services. If any provision of these terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. PinkCityArts LLC’s failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
If you have any questions or concerns about these terms and conditions of use, please contact us.