1. Changes to Terms. We reserve the right to add to, delete or modify these Terms any time and from time to time by updating or revising the Terms posted. Such changes, modifications and deletions shall become effective immediately upon the posting thereof. Your continued use of this Site after the changes become effective means that you are agreeing to be bound by the changes. As a result, we encourage you to review the Terms periodically.
2. Changes to the Site. You acknowledge and agree that we may stop providing the services and content of our Site to you or to users generally, in whole or in part, at any time without prior notice to you, at our sole discretion. Further, we may add, change, delete, discontinue, modify, remove or suspend any aspect of the Site’s services or Content (as defined below), at any time, without notice and without liability. You understand and agree that we are not liable to you in any manner for your inability to access or use any of the Site’s services.
4. Ownership and Use of Our Site and Content. All Site marks, images, illustrations, designs, icons, photographs, text, audio clips, video clips, software, HTML code, scripts, artwork, graphic materials, or other copyrightable elements, trademarks, service marks, trade names, including the selection, sequence and “look and feel” and arrangements of such items (collectively, the “Content”) are the property of Pink Chief Boutique or our affiliates, subsidiaries, licensors, assigns, operational service providers, advertising agencies or promotional partners (collectively, the “Pink Chief Boutique Entities”) and are protected, without limitation, pursuant to U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Site, services and associated Content, for personal use only in accordance with these Terms. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else’s. Except as specifically permitted by us, you shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including without limitation, the display and distribution of the Content via a third-party website) without the express written consent of Pink Chief Boutique. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Unauthorized or prohibited use of the Content may subject you to civil liability and criminal prosecution, or both under applicable federal, state and local laws.
Except as otherwise set forth in the Unsolicited Suggestions section below or in any Promotion (as defined below) rules, you keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms do not deprive you or any holder of your or their rights. However, when you do submit Content to us or our Site, you are giving us and the Pink Chief Boutique Entities, the perpetual, non-exclusive, irrevocable, worldwide, royalty-free and sub-licensable right, license, permission and authorization to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast any or all of that Content in any and all media or medium whether now existing or later invented for any and all purposes (“license”) without accounting, notification, credit, notification or other obligation to you. By providing Content you are representing and warranting to us that you have the right to grant us and the Pink Chief Boutique Entities such license. If you do not have the right to license the Content as set forth in these Terms (or if you are not sure) please do not submit or provide Content. The Site may also make references to other trademarks, trade names, brands and/or trade dress from entities other than Pink Chief Boutique. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Pink Chief Boutique.
5. Unsolicited Suggestions: They Become Ours. We like to hear from consumers about what they think about our brand, products and services and we encourage you to contact us. However, we do not accept, evaluate or consider unsolicited ideas, materials, concepts, information, content or suggestions of any kind (collectively, “Unsolicited Suggestions”), including but not limited to those relating to products, processes, product names, advertising or marketing, nor do we have or accept any obligation, liability or responsibility if you send us any Unsolicited Suggestions of any kind. We have found that this policy and approach avoids potential misunderstandings and disputes, since your Unsolicited Suggestion may seem similar to products, services, or activities we undertake or commission, even those previously considered or currently under consideration, whether we implemented them or not. Please do not submit, post or send us any Unsolicited Suggestions, because if you do or you attempt to do so (whether you ignore these warnings or don’t read or attempt to understand them) you are agreeing that we can treat the Unsolicited Suggestions as our own, without any obligation of confidentiality, without any restrictions or conditions, without obligation or liability to you or anyone else. We will be free to use or choose not to use all or any part of any Unsolicited Suggestion and you hereby assign all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Unsolicited Suggestions.
Under no circumstances shall you engage in the use of Pink Chief Boutique’s trademarks and trade dress in metatag keywords, search engine tags or links. Such action shall constitute trademark infringement. Furthermore, the use of our trademarks and trade dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition and strictly prohibited. Linking to any page on the Site is strictly prohibited without Pink Chief Boutique’s express written permission. Any association of the Site or its materials with links, advertisements and/or other information that does not originate from the Site is also prohibited.
6. Registration. To access some features of the Site you may have to create an account. You must be a resident of the United States in order to create an account or submit any Personal Information to us. If you are at least 13 years old, but are not considered an adult in the State in which you live (generally age 18), you can only register and submit Personal Information to us if you have your parent or legal guardian’s consent. If you are under 13, we must obtain verifiable parental consent from your parent or legal guardian in advance before you may register. You must submit a valid e-mail address and select a password during the registration process. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. We reserve the right to refuse registration or cancel an account in our sole discretion and without prior written notice to you. You are solely responsible for maintaining the confidentiality and security of your account, and for keeping your account information up to date. You may never use another person’s account without permission.
7. Posting Content To Our Site. Our Site may from time to time allow you to submit, provide, transmit, exchange, communicate, display Content (a “Posting”). By Posting you represent that you own or have the right to engage in the Posting and you specifically agree that your Posting will not violate any law or regulation, these Terms or the rights of others. Further, you represent and warrant that: (a) the Posting is original to you or fully cleared for use as contemplated herein and you have the right to grant us and the Pink Chief Boutique Entities the license set forth in the Proprietary Rights and Licenses section above; (b) the Posting does not and will not violate any of these Terms; (c) contain any libelous, tortious, or otherwise unlawful information, infringe or violate any copyright, trademark or any other right, or contain any matter the publication or sale of which may violate any federal or state statute or regulation; and (d) the posting is not obscene, vulgar, hateful or in any manner unlawful and does not contain any software or other materials that may contain a virus or other harmful component.
Unless explicitly stated otherwise, Posting is for non-commercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue from any business enterprise or commercial activity. If you believe that any Content posted on the Site by a user violates these Terms, please contact us. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. If you believe any Content posted on the Site violates your U.S. copyright, please follow the steps indicated in our Copyright Complaints section below.
You are and shall remain solely responsible for any Posting made by you or someone else under your email and/or account. Your email and account is your responsibility and unless you notify us that you know or suspect the security of your email and/or account may have been compromised, you will defend and indemnify Pink Chief Boutique for any such Posting as set forth in the Indemnification section below. Please notify us immediately if you suspect someone is using your email and/or account.
We do not endorse any user Posting or any opinion, recommendation or advice expressed therein. Although we reserve the right to do so, we do not necessarily monitor, endorse, edit or screen Postings. Nor do we guarantee the accuracy, integrity or quality of any Posting, and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable Postings will not appear on our Site. By providing you with the ability to post on the Site, we are merely acting as a passive conduit for such Posting and we are not undertaking any obligation or liability relating to any Posting or activities of the users on the Site.
You shall not circumvent, disable or otherwise interfere with security-related features of the Site, including, without limitation, any features that enforce limitations on the use of promo codes, the Site or Content. You shall not circumvent, disable or otherwise interfere with security-related features of the Site that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Sites or impair, overburden, or disable the same.
If we determine, in our sole discretion, that any Posting does or may violate our Terms or if we for any reason, in our sole discretion, do not feel a Posting submitted to our Site is appropriate, we reserve the right, at any time and without limiting any other rights we may have under our Terms, or at law or in equity to: (i) refuse to allow you to continue Posting; (ii) delete, re-format or modify any Posting; (iii) revoke your right to use our Site; and/or (iv) use any technological, legal, operational or other means available to enforce our Terms, including blocking specific IP addresses or deactivating your account.
10. Product Display and Orders. All features, specifications, products and prices of products and services described on the Site are subject to change at any time without notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Site. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
11. Disclaimer and Limitation of Liability. THIS SITE AND ALL CONTENT AND SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR ANY GUARANTY OR ASSURANCE THE SITE, CONTENT OR SERVICES OFFERED THROUGH THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE SITE OR CONTENT ARE ACCURATE OR ERROR FREE, THAT DEFECTS THEREWITH WILL BE CORRECTED, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. PINK CHIEF BOUTIQUE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS OR INFORMATION. BY USING THE SITE YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PINK CHIEF BOUTIQUE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM (a) ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OFFERED THROUGH THIS SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (b). LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED FIVE HUNDRED DOLLARS ($500). BOTH PARTIES AGREE THAT FIVE HUNDRED DOLLARS ($500) IS A REASONABLE ESTIMATE OF THE MAXIMUM DAMAGES, IF ANY, WHICH MAY RESULT FROM USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification. You shall defend us and the Pink Chief Boutique Entities against any demands, claims or actions brought against us or the Pink Chief Boutique Entities arising as a result of any breach or violation of our Terms by you (“Claim”) and you shall indemnify and hold us and the Pink Chief Boutique Entities harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from any such Claim. We and the Pink Chief Boutique Entities reserve the right, at our own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and you agree, upon request, to cooperate with us and the Pink Chief Boutique Entities in the defense, settlement or compromise of any such Claim.
13. Choice of Law. Your use of the Site and your agreement with these Terms is governed by and will be enforced under the laws of the Commonwealth of Pennsylvania applicable to contracts made, executed and wholly performed in the Commonwealth of Pennsylvania, without regard to conflicts of law principles. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts of the Commonwealth of Pennsylvania, the County of Allegheny and/or the Western District of Pennsylvania and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER OUR TERMS INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
If, for any reason, Pink Chief Boutique believes, has reason to believe, suspects or is notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms, including the Site and Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of Pink Chief Boutique. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms, including the Site and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
15. Copyright Complaints. If you believe that any Content available on or through the Site violates your U.S. copyright please follow the steps indicated below.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on our Service should be sent ONLY to our Designated Agent. The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Pink Chief Boutique, LP.
408 Third Street
Macon, GA 31201
Re: Copyright Infringement
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(b) Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
(c) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(e) Your name, address, telephone number, and e-mail address;
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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