www.pinkcitytreasures.com (the “Website”) is owned and operated by PinkCity, LLC (“PinkCity”). All content and information provided on or through the Website (“Content”) may be used only under the following terms of service (“ToS”). If you disagree with any of the provisions of the ToS now or at any time hereafter, you are not authorized to access or use the Website and must immediately leave the Website.
The Content on this Website is for your personal use and your use of the Website and its Content grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content. You are permitted to use the Content only upon prior written permission from PinkCity, which may be withheld in PinkCity’s sole discretion. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
By using the Website, you are hereby acknowledging that the trademarks, servicemarks, trade dress and Content on the Website or otherwise belonging to PinkCity are and shall remain, except where owned by a third party, the sole and exclusive property of PinkCity. Nothing in the ToS on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of PinkCity’s trademarks, servicemarks, trade dress or Content.
In order to use the Website, you may be required to register for a user account by providing certain personal information (referred to hereinafter as “Registration Information”), including, but not limited to, such user’s name, address, telephone number, email address and credit card information, in order to all PinkCity to identify and contact such users. With respect to Registration Information provided by you, you warrant, represent, acknowledge and agree that (a) it is accurate and true and you shall keep it updated in all respects so that it remains accurate and true at all times during your use hereunder; (b) if a minimum age is required for eligibility for a user account, you undertake that you are at least the required age; (c) PinkCity, and any successor companies thereto, may use your Registration Information and provide it to third parties for purposes of processing your orders and payments and providing notice thereof, for delivering your purchase, to let you know about additional products about which you might be interested, for customer service reasons and for such other purposes as are specifically set forth in and consistent with PinkCity’s Policies or are otherwise permissible business uses or as required by law without notice; (d) any failure by you to maintain true and accurate Registration Information may affect the payment and delivery of the goods offered on the Website and may result in suspension or termination of your registration. In the event that you opt to store any Registration Information on the Website, by doing so, and by your use hereof, you hereby acknowledge and agree that PinkCity cannot assure the security and privacy of such information, and you hereby release and fully discharge PinkCity from any liability for any claims, damages, expenses, costs or otherwise relating to same, arising under any theory of recovery, whether in tort, contract or otherwise, and fully assume all risk and responsibility associated with storing any Registration Information on the Website.
Modification and Interruption
PinkCity reserves the right to modify the ToS or any other policies contained on the Website at any time or as needed to comply with any changes to laws and policies without prior notice. All modifications are in effect as soon as they’re posted to the Website. Upon your use of one of the Website’s services, you agree to comply with the entirety of these ToS. If you do not agree with any changes, your sole and exclusive remedy shall be to cease using the Website.
You acknowledge and accept that PinkCity does guarantee not continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of PinkCity’s control.
The Content on the Website is provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of accuracy, warranties of title or implied warranties of merchantability or fitness for a particular use, except PinkCity assumes responsibility for the merchandise purchased by you to be free of defects; in no event shall PinkCity’s liability to you for such claim exceed One Hundred US Dollars (US $100), which amount is acknowledged and agreed by you to be reasonable. Slight variations of the product, in particular the color, do not represent defects and do not give rise to a warranty claim. You acknowledge by your use of the Website that your use of the Website is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any kind to equipment you use in connection with your use of the Website.
The Website contains links to third party websites, which are not investigated, monitored or checked for accuracy, appropriateness, or completeness by PinkCity, and PinkCity is not responsible for any third party websites accessed through the Website or any third party content posted on, available through or installed from the Website including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party website. Inclusion of, linking to or permitting the use or installation of any third party website or content does not imply approval or endorsement by PinkCity. If you decide to leave the Website and access the third party website or to use or install any third party content, you do so at your own risk and you should be aware that PinkCity’s ToS no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any website to which you navigate from the Website or relating to any applications you use or install from the Website.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. PinkCity reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. PinkCity reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
By using the Website, you agree to defend, indemnify and hold harmless PinkCity and any of its officers, directors, shareholders, employees, subcontractors, licensees and agents from any and all damages liabilities, costs, expenses, claims and other losses (including, reasonable attorneys’ fees, legal costs and expenses) arising out of or in any way connected to your use of the Website.
These ToS shall be governed and construed in accordance with the laws of the State of Missouri, without giving effect to applicable conflicts of law. All users agree that any legal actions related to the Website shall be brought and conducted in St. Louis City, Missouri, and users hereby consent to jurisdiction of such county. If any provisions of these terms shall be unlawful, void or for any reason unenforceable, then that provisions shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
If you have questions regarding this ToS, please contact us at : firstname.lastname@example.org