THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE AND ACCESS OF THIS WEBSITE. PLEASE READ CAREFULLY
We welcome you to our website located at www.pinkfriday.org (the “Website”). Please review the following terms and conditions that govern your access and use of our Website and the many features and tools located thereon (the “Agreement”). By accessing or using our Website, you acknowledge that you have read, understood, and agree to follow and be legally bound by the terms and conditions of this Agreement whether you are merely visiting the Website or are a registered member of the Website. If you do not agree to follow the terms and conditions of this Agreement, do not use or continue to access the Website.
Ownership Of Website Contents; Downloading
Unless otherwise noted, all text, logos, page headers, scripts, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of this Website (collectively, the “Contents”), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by SYX Services, Inc. (the “Site Operator”). The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Site Operator. The phrase “Pink Friday” is a registered trademarks owned by SYX Services, Inc. Other trade names, copyrighted material, and trademarks contained on the Website appear with the permission of their respective owners.
The Contents of our Website, and the Website as a whole, are intended solely to facilitate the dissemination of information regarding Pink Friday and it’s charitable endeabors. Additional information is provided regarding partners, press information and breast cancer resources, among other content. You may download or copy the Contents and other downloadable materials displayed on the Website for your use only in connection with the promotion of Pink Friday, or of our Website and for only that intended purpose; provided, however, that you shall not remove any copyright or other proprietary notices contained on said materials. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, frame, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software without the express written consent and approval of the Site Operator.
“Pink Friday” is a Federally Registered Trademark (Reg. # 3541420) of SYX Services, Inc.
Registration, Control and Content Of User Information
Membership in the Website is void where prohibited. You must be eighteen (18) years of age or older to register, use and access the Website. Any registration, use, or access of the Website by anyone under eighteen (18) years of age is unauthorized, unlicensed and in violation of the express terms and conditions of this Agreement. By registering, using, and/or accessing this Website, you represent and warrant that you are eighteen (18) years of age or older.
Upon registering with the Website, you agree to provide accurate, current and complete information about you as requested in our registration form. You agree not to disclose your login name and password to any third party. If at any time you believe that your login name and/or password has been revealed to any other party, or otherwise compromised, you agree to change your login name and/or password immediately through our Website. You agree to indemnify and hold the Site Operator harmless from and against any and all claims, liabilities, judgments, damages, attorneys fees and other expenses of every kind or nature arising from or related to any inaccurate, non-current, or incomplete registration data as well as any unauthorized use of your login name or password.
Site Operator reserves the right, but undertakes no duty, to review, edit, move, or delete any User Contents posted by you on the Website, in its sole and absolute discretion and without notice to you. Site Operator assumes no responsibility or liability arising from the content of any such postings of your User Contents and assumes no responsibility for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any User Contents posted on the Website.
Site Operator may also, in its sole and absolute discretion, restrict, suspend, or terminate your access to and use of all or part of the Website at any time, without due cause and without notice to you. Site Operator assumes no responsibility or liability arising from such restriction, suspension or termination of your access or use of the Website.
User Comments, Feedback, Postcards And Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Site Operator on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, “Comments”) shall be and remain the property of Site Operator.
You agree that Site Operator is free to use, without your consent, restriction and compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information.
Site Operator has no obligation to respond to any Comments. You agree that Comments submitted by you to the Website will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
Product Information; Opinions: Any specific commercial products or services offered by any third party on the Website does not constitute or imply its endorsement, sponsorship, veracity, quality, or recommendation by Site Operator. The opinions of any third parties expressed on the Website and in the Comments or Content located on the Website do not necessarily state or reflect those of Site Operator.
Links To Third Party Websites And Services: Site Operator does not control the availability or content of any third party websites, services, or resources to which this Website may link. Concerns regarding any such service, resource, or link should be directed to the particular third party. Site Operator does not endorse, sanction, or verify websites that link to the Website, even if the logo or mark of Site Operator is used as part of the link to this Website.
Content: While Site Operator makes a commercially reasonable effort to include accurate and up-to-date information on the Website, Site Operator makes no warranties or representations of any kind as to the accuracy, timeliness, or completeness of any information or data presented at the Website by Site Operator or any other party. Site Operator assumes no liability or responsibility for any errors or omissions in the content on the Website.
Use of Website: THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY BUSINESS OR OTHER ARRANGEMENTS YOU MAY ENTER INTO WITH ANY OTHER USER OF THE WEBSITE AS WELL AS ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. SITE OPERATOR SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DATA) ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, EVEN IF SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD SYX SERVICES, INC. HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, ATTORNEYS FEES AND OTHER EXPENSES OF EVERY KIND OR NATURE ARISING FROM OR RELATED TO YOUR USE AND ACCESS OF THIS WEBSITE. NOTWITHSTANDING THE FOREGOING, THE WEBSITE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED FROM YOUR USE AND ACCESS TO THE WEBSITE.
SITE OPERATOR DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SITE OPERATOR SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR DATA, FILES, NETWORK, INFORMATION SYSTEMS, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE WEBSITE, WHETHER THROUGH INFECTION BY A VIRUS OR OTHERWISE.
Notice of Claims of Intellectual Property Violations
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
3. Identification of the material that is claimed to be infringing 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.
4. 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.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
6. 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.
Site Operator’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its Intellectual Property Office, who can be reached, as follows:
Pink Friday (DMCA)
Intellectual Property Office
7795 W Flagler Street #35
Miami, Florida 33144
Please provide all of the information requested above. No specific form is required to provide Site Operator with notifications of possible infringement. However, it will take us longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
Site Operator does not knowingly solicit data from children or knowingly market to children. Site Operator is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Site Operator receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, that information will be deleted from the Site as quickly as is reasonably practical.
Termination: Site Operator reserves the right, without prior notice and in its sole and absolute discretion, to change, suspend, discontinue or limit your access to any aspect of the Website at any time.
Choice of Law and Jurisdiction: Unless otherwise specified, this Website and the Contents thereof are displayed solely for the purpose of promoting products and services available in the United States. This Website is controlled and operated by Site Operator from its offices in Miami, Florida. Any dispute arising from the use of this website, shall be resolved exclusively by the state court(s) located in Miami-Dade County, Florida. By use of this website, you hereby expressly agree to submit to the personal jurisdiction of such courts and waive any objections to the venue in such courts.
Modifications: Site Operator may from time to time change the terms and conditions that govern your use and access of our Website, which changes will be updated on the Website. Your use and access of our Website following any such change constitutes your agreement to follow and be legally bound by the terms and conditions as modified. Site Operator may change, move, or delete portions of the Website, or may add to the Website from time to time.
Last Updated: 6/17/10