Welcome to the RESOLVE ITECH CORP (PINKWINKGIRL.COM)
PINKWINKGIRL is a Social Marketplace for Co-operatives and Community based Producer Organizations (Example, Producer Companies, Self-help groups – SHG) and other micro and small enterprises to list and sell their produce online, and We enhance women made product henceforth referred to as ” PINKWINKGIRL.COM “. The platform consists of various business services including Directory, Listings, eCommerce. The platform is owned and operated by RESOLVE ITECH CORP PINKWINKGIRL.COM, Coimbatore,tamilnadu,India here after referred as “PINKWINKGIRL”.
Unless explicitly stated otherwise, the following Terms and Conditions are applicable for all the users of the PINKWINKGIRL platform which includes Producer organization Users, Members, Buyers and Suppliers. All references to users using terms such as “You” and/or “Users” shall be applicable to all the users of the PINKWINKGIRL platform.
You may not use the PINKWINKGIRL Platform and may not accept the Terms if (a) you are not 18 years old or of legal age to form a binding agreement with PINKWINKGIRL entity, or (b) you are not permitted to use any Services under the laws of Republic of India or other countries / regions including the country / region in which you are resident or from which you use the Services.
Your use of the PINKWINKGIRL Platform is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the terms and conditions at any time .In addition, when using particular PINKWINKGIRL Platform services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. The PINKWINKGIRL Platform may also offer other services that are governed by different Terms of Service.
The PINKWINKGIRL Platform is not available to users if (a) you are at least 18 years old or of legal age to form a binding contract with PINKWINKGIRL entity, or (b) you are not permitted to use any Services under the laws of Republic of India or other countries / regions including the country / region in which you are resident or from which you use the Services and (c) to any users previously suspended or removed from the PINKWINKGIRL Platform by PINKWINKGIRL entity.
BY ACCESSING, BROWSING, DOWNLOADING, UPLOADING, BUYING, SELLING, OR OTHERWISE USING THE PINKWINKGIRL PLATFORM, YOU REPRESENT THAT YOU ARE OF THE REQUIRED LEGAL AGE AND ARE PERMITTED BY THE COUNTRY/REGIONAL/LOCAL LAW APPLICABLE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PINKWINKGIRL PLATFORM.
- Individual Features and Services
When using the PINKWINKGIRL Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
- Modification of these Terms
PINKWINKGIRL reserves the right, at our discretion, to change, modify, amend, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the PINKWINKGIRL Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the PINKWINKGIRL Platform. We will always make a reasonable effort to notify You if we do change these Terms.
- PINKWINKGIRL Platform License Grant
4.1. License Grant to Upload
4.2. License Grant to Download
4.2. License Grant to Co-operatives to e-listing Products and Services
- a) Such a listing can include commercially reasonable information related to the products which are subject matter of your business such as description of the offered Products and Services and their availability, prices of the offered Products and Services and any other such information like product specifications that are relevant in helping the purchaser in deciding to buy the offered Products and Services.
- b) You may also additionally list your own terms and conditions over and above those imposed by PINKWINKGIRL while offering to sell Your Products and services such as price of the product, geographical area for delivery of the purchased products and mode of payment. These additional terms constitute an agreement between Yourself and the Buyers of the Products and Services offered by You and PINKWINKGIRL is not bound by the Terms and Conditions listed by you on the PINKWINKGIRL Platform and shall in no way release Yourself and the Buyers of the Products and Services offered by You from any of the obligations, restrictions and in general all the sections set forth in this Terms and Conditions document.
- c) Notwithstanding any obligations hereunder of PINKWINKGIRL under the provisions of this Terms and Conditions document, PINKWINKGIRL shall not be liable for the successful completion of the purchase of the Products and Services offered by you by the Buyers including but not limited to full payment, delivery indicated order in the PINKWINKGIRL Platform and it is Your sole and complete responsibility for ensuring the successful completion of the purchase of the Products and Services offered by you by the Buyers including but not limited to full payment, taking the delivery at the time and location indicated at the time of placing the purchase order in the PINKWINKGIRL Platform.
4.3. License Grant to Buyers to buy Products and Services
- a) Notwithstanding any obligations hereunder of PINKWINKGIRL under the provisions of this Terms and Conditions document, PINKWINKGIRL shall not be liable for accuracy and completeness of information provided by the Producer organization including but not limited to information related to Products and Services offered for sale by Producer organization on PINKWINKGIRL Platform including the price of these offered Products and services.
- b) Notwithstanding any obligations hereunder of PINKWINKGIRL under the provisions of this Terms and Conditions document, PINKWINKGIRL shall not be liable for complete fulfillment of your purchase of the Products and Services purchased by You from the Producer organization on the PINKWINKGIRL Platform including by not limited to the quality and quantity of these Products and Services as promised by the Producer organization from whom You are making the said purchase, delivery at the place and time as agreed between Yourself and the Producer organization from whom You are making the said purchase. In the event of any default on the part of the Producer organization in fulfilling the terms of the sale of the Products and Services to You including but not those listed in Section 4.3.b of this document, it shall be Your sole and complete responsibility to complete fulfillment of your purchase of the Products and Services purchased by You from the Producer organization on the PINKWINKGIRL Platform including by not limited to the quality and quantity of these Products and Services as promised by the Producer organization from whom You are making the said purchase, delivery at the place and time as agreed between Yourself and the the Producer organization from whom You are making the said purchase.
- d) You may also track the delivery status of the purchased Products and services subject to the availability of such functionality on the PINKWINKGIRL Platform.
- e) Unless mutually agreed between Yourself and the Producer organization and allowed by the PINKWINKGIRL Platform, You are not allowed to cancel the confirmed purchase of Products and services offered on the PINKWINKGIRL Platform.
- f) PINKWINKGIRL does not recommend, endorse or certify any of the Producer organization registered on the PINKWINKGIRL Platform nor any of the Products and Services offered for sale by the Producer organization on the PINKWINKGIRL Platform unless they have been explicitly approved by PINKWINKGIRL on the PINKWINKGIRL Platform.
4.4. Reservation of Rights
4.5. Prevention of Unauthorized Use
PINKWINKGIRL reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the PINKWINKGIRL Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
4.6. Fees; Taxes
PINKWINKGIRL provides various business services to the Producer organization. The PINKWINKGIRL is free of charge for Producer organization societies to publish details of their organization.
For other business services including the marketplace, PINKWINKGIRL would charge transaction fees or similar service fees to the Producer organizations. PINKWINKGIRL reserves the right to charge a non-refundable fee for using PINKWINKGIRL Platform without notice in its sole discretion. You are responsible for paying any governmental taxes imposed on your use of the PINKWINKGIRL Platform and/or PINKWINKGIRL APIs, including, but not limited to, sales, service, use or value-added taxes. To the extent PINKWINKGIRL is obligated to collect such taxes, the applicable tax will added to any fees PINKWINKGIRL may charge. Any fees paid for the usage of PINKWINKGIRL Platform (wholly or in-part) shall be non-refundable under all circumstances including but not limited to revocation of account or non-utilization of the services of PINKWINKGIRL Platform.
- User Content License Grant; Representations and Warranties
5.1. License Grant to PINKWINKGIRL
Unless otherwise agreed to in a separate written agreement between You and PINKWINKGIRL that was signed by an authorized representative of PINKWINKGIRL.
- a) By distributing or disseminating User Content through the PINKWINKGIRL Platform, You hereby grant to PINKWINKGIRL a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, irrevocable, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by PINKWINKGIRL. Such license will apply to any form, media, or technology now known or hereafter developed.
- b) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
- c) The Users grant PINKWINKGIRL royalty free, irrevocable, unfettered, unconditional and unlimited rights in perpetuity, to utilize the User content for commercial purposes including but not limited to
- i) Marketing the user content to thirty parties,
- ii) Enrichment, modification, repackaging and other kinds of processing of User content and then marketing the result to third parties,
iii) Insertion of advertising into User content including but not limited to Co-operatives’ website on the PINKWINKGIRL platform and orders purchased by the Purchasers
5.2. License Grant to other PINKWINKGIRL users
By distributing or disseminating User Content through the PINKWINKGIRL Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive, irrevocable license to access and use Your User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, personal and irrevocable license to view and download such User Content in the manner contemplated by these Terms and the PINKWINKGIRL Platform.
5.3. User Content Representations and Warranties
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(2) Your User Content does not and will not:
(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or
(b) slander, defame, or libel any other person; and
(3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
5.4. User Content Disclaimer
- Prohibited Conduct
BY USING THE PINKWINKGIRL PLATFORM YOU AGREE NOT TO:
6.1. Use the PINKWINKGIRL Platform for any purposes other than to offer products and services for sale, provide information related to the said products and services including but not limited to product description, prices, terms and conditions for delivery and mode of payment, browsing User Content and to buy the said products and services by placing an order and specifying mode, time and location of delivery and mode of payment and/or to access the PINKWINKGIRL Platform as such services are offered by PINKWINKGIRL.
6.2. Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 10, below);
6.3. Post, upload, or distribute any defamatory, libelous, inappropriate, irrelevant or inaccurate User Content or other content;
6.4. Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
6.5. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the PINKWINKGIRL Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the PINKWINKGIRL Platform, or perform any other similar fraudulent activity;
6.6. Delete the copyright or other proprietary rights on the PINKWINKGIRL Platform or User Content;
6.7. Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the PINKWINKGIRL Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
6.8. use the PINKWINKGIRL Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, offering products for sale that are prohibited by law and offering for sale products that are prohibited to be sold to Buyers who are below 18 years of age or as described in the Eligibility clause 1 of this agreement;
6.9. Defame, harass, abuse, threaten or defraud Users of the PINKWINKGIRL Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
6.10. Use the PINKWINKGIRL Platform if You are under the age of eighteen (18) years older as described in the Eligibility section 1 of this agreement;
6.11. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the PINKWINKGIRL Platform or User Content, features that prevent or restrict use or copying of any content accessible through the PINKWINKGIRL Platform, or features that enforce limitations on the use of the PINKWINKGIRL Platform or User Content;
6.12. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the PINKWINKGIRL Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
6.13. Modify, adapt, translate or create derivative works based upon the PINKWINKGIRL Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
6.14. Intentionally interfere with or damage operation of the PINKWINKGIRL Platform or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
6.15. Relay email from a third party’s mail servers without the permission of that third party;
6.16. Use any robot, spider, scraper, or other automated means to access the PINKWINKGIRL Platform for any purpose or bypass any measures PINKWINKGIRL may use to prevent or restrict access to the PINKWINKGIRL Platform;
6.17. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the PINKWINKGIRL Platform;
6.18. Interfere with or disrupt the PINKWINKGIRL Platform or servers or networks connected to the PINKWINKGIRL Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the PINKWINKGIRL Platform; or
6.19. Post, upload or distribute marketing material for products and services other than those that are offered for sale via PINKWINKGIRL platform, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the PINKWINKGIRL.COM experience.
When You use the PINKWINKGIRL Platform to upload and/or download content or any products, services, or information from PINKWINKGIRL You may be asked to provide a password. You are solely 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. You agree that the information You provide to PINKWINKGIRL on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify PINKWINKGIRL. You may be liable for the losses incurred by PINKWINKGIRL or others due to any unauthorized use of Your PINKWINKGIRL Platform account.
- Third-Party Sites, Products and Services; Links
The PINKWINKGIRL Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). PINKWINKGIRL does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the PINKWINKGIRL Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
You agree that PINKWINKGIRL, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with PINKWINKGIRL or Your use of the PINKWINKGIRL Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. PINKWINKGIRL may also in its sole discretion and at any time discontinue providing access to the PINKWINKGIRL Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the PINKWINKGIRL Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that PINKWINKGIRL will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PINKWINKGIRL may have at law or in equity. As discussed herein, PINKWINKGIRL does not permit copyright infringing activities on the PINKWINKGIRL Platform, and will terminate access to the PINKWINKGIRL Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers. PINKWINKGIRL also reserves the right to terminate Your use of the PINKWINKGIRL Platform and remove all User Content including pending purchase orders submitted or received, or other content submitted by You in case You are found to be defaulting on delivery of purchase orders for Products and Services offered by you or on payment against the products and services delivered against purchase orders placed by You on the PINKWINKGIRL Platform. The decision of PINKWINKGIRL on the occurrence of such a default shall be final and binding on You.
- Ownership; Proprietary Rights
You agree to indemnify, save, and hold PINKWINKGIRL, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the PINKWINKGIRL Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. PINKWINKGIRL reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PINKWINKGIRL, and You agree to cooperate with PINKWINKGIRL’ defense of these claims. PINKWINKGIRL will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
YOU SPECIFICALLY AGREE THAT PINKWINKGIRL SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN PINKWINKGIRL PLATFORM. YOU SPECIFICALLY AGREE THAT PINKWINKGIRL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PINKWINKGIRL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN PINKWINKGIRL PLATFORM BY ANY THIRD PARTY.
- Disclaimers; No Warranties
12.1. No warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PINKWINKGIRL, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF PRODUCER ORGANIZATIONABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS RELATED TO BOTH THE PINKWINKGIRL PLATFORM AND PRODUCTS AND SERVICES OFFERED FOR SALE ON THE PINKWINKGIRL PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINKWINKGIRL OR THROUGH THE PINKWINKGIRL PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 12, THE TERM PINKWINKGIRL INCLUDES PINKWINKGIRL’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
12.2. “As is” and “As available” and “With All Faults”
YOU EXPRESSLY AGREE THAT THE USE OF THE PINKWINKGIRL PLATFORM IS AT YOUR SOLE RISK. THE PINKWINKGIRL PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), PICTURES, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PINKWINKGIRL PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
12.3. Platform Operation and User Content
PINKWINKGIRL, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE PINKWINKGIRL PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
PINKWINKGIRL, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PINKWINKGIRL PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12.5. Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE PINKWINKGIRL PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA AND YOU EXPLICITLY AGREE TO INDEMNIFY, SAVE, AND HOLD PINKWINKGIRL, ITS SUPPLIERS, LICENSORS, AFFILIATES, PRODUCER ORGANIZATION AND PARTNERS HARMLESS FROM ANY CLAIM, LOSSES, DAMAGES, LIABILITIES INCLUDING LEGAL FEES AND EXPENSES.
12.6. Uploaded Content
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY PINKWINKGIRL HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
- Limitation of Liability and Damages
13.1. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PINKWINKGIRL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE PINKWINKGIRL PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH PINKWINKGIRL, EVEN IF PINKWINKGIRL OR AN PINKWINKGIRL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. Limitation of Damages
IN NO EVENT WILL PINKWINKGIRL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE PINKWINKGIRL PLATFORM OR YOUR INTERACTION WITH OTHER PINKWINKGIRL PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PINKWINKGIRL PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR RUPEES ONE THOUSAND, WHICHEVER IS GREATER.
13.3. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PINKWINKGIRL AND RECEIVED THROUGH OR ADVERTISED ON THE PINKWINKGIRL PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
13.4. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT PINKWINKGIRL HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PINKWINKGIRL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PINKWINKGIRL. PINKWINKGIRL WOULD NOT BE ABLE TO PROVIDE THE PINKWINKGIRL PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13.5. Limitations by Applicable Law
IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND PINKWINKGIRL WITH RESPECT TO THE PINKWINKGIRL PLATFORM AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND PINKWINKGIRL WITH RESPECT TO THE PINKWINKGIRL PLATFORM.
- COMMUNICATIONS SERVICES
The Services may contain e-mail services, SMS services, bulletin board services, Product and Service catalogs, Product and Service purchase functionality, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:
14.1. Use the Services in connection with surveys, contests, promotions, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
14.2. Upload, post, email, otherwise transmit, or post links to PINKWINKGIRL Platform with respect to any raffle, contest or game requiring a fee by participants.
14.3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
14.4. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
14.5. Upload, post, email, otherwise transmit, or post links that exploit the images of children or people under the age of 18; or that disclose personally identifying information belonging to children or people under the age of 18 or harm minors in any other way or make any sexual request on behalf of a minor or make any sexual request of a minor.
14.6. “Stalk” or otherwise harass another.
14.7. Use, download or otherwise copy, or make available (whether or not for a fee) to a person or entity: any directory of users of the Services or other user or usage information or any portion thereof;
14.8. Upload, download, use, or otherwise copy, or make available (whether or not for a fee) any file(s) that contain text, images, photographs, software or other material protected by trade secret, or any intellectual property laws, including, by way of example, and not as limitation, copyright or trademark or service mark or patent laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
14.9. Use any material or information which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
14.10. Modify, publish, transmit, settle, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit PINKWINKGIRL Platform database other than for the limited purposes for which material is licensed for your use.
14.11. Use or exploit any part of the Site or any software deployed in connection with the Site as, or as the content of, a service offered or supplied to other persons or entities without the express written consent of PINKWINKGIRL Platform. For example, you will not create a site or maintain a site that links to our Site for the purpose of using, indexing, reformatting, or searching and retrieving, material from our site for the benefit of users of your site, without our knowledge and express consent; we want those users to come directly to our site to obtain material as we have spent considerable time, effort, and financial resources to build and maintain the Site and to attract submissions of Code and Documents, and to attract a wide base of users.
14.12. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with PINKWINKGIRL Platform’s delivery and operations. Your access to PINKWINKGIRL Platform is limited to your rights to use Services to which you are entitled to use, and only for the limited purposes of your licensed use of such Services.
14.13. Upload, post, email, otherwise transmit, or post links to, any content that facilitates hacking or that promotes any illegal activity, including instructions for illegal activity.
14.14. Upload files that contain viruses, worms, trojan horses, time bombs, trap doors, cancelbots, corrupted files, or any other similar software or programs or malicious code that may damage the operation of another’s computer or property of another or are intended to interrupt, destroy or limit the functionality of PINKWINKGIRL Platform.
14.15. Use automated means, including spiders, robots, crawlers, agents, or the like to download data from any database of PINKWINKGIRL Platform, or from the Site itself (for example, site or page scraping is prohibited).
14.16. Exploit known or unknown weaknesses of the scripts or servers to disrupt or alter the Site’s operation.
14.17. Advertise or offer to sell or buy any goods or services for any business purpose except those that are intended to be offered for sale on the PINKWINKGIRL Platform and are compliant with the terms and conditions in set forth in Section 6.8 above and unless such Communications Service specifically allows such messages.
14.18. Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
14.19. Falsify or delete any copyright management information, such as 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.
14.20. Restrict or inhibit any other user from using and enjoying the Services.
14.21. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
14.22. Harvest or otherwise collect or store information about others, including e-mail addresses.
14.23. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
14.24. Violate any applicable laws or regulations.
14.25. Create a false identity for the purpose of misleading others.
14.26. Impersonate any person, including an employee, contractor, forum leader, guide or host of PINKWINKGIRL Platform, or falsely state or otherwise misrepresent your affiliation with a person or entity.
14.27. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through PINKWINKGIRL Platform.
14.28. Create multiple accounts with the purpose of altering polls or affecting voting.
14.29. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to PINKWINKGIRL Platform community or the spirit of these Terms of Service.
14.30. Breach any posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
14.31. Upload or otherwise make known your user and password for accessing the PINKWINKGIRL Platform. Your user and password grants you the license to use the PINKWINKGIRL Platform and is not transferable.
- Copyrights and Trademark Notice
Any rights not expressly granted herein are reserved. Specific material may also be copyright of the respective authors/owners. By using any of the material on PINKWINKGIRL, or accessing the Site, you understand that you have read and agreed to the above TOS. These Terms of Service will be strictly enforced.
PINKWINKGIRL, PINKWINKGIRL.com, PINKWINKGIRL Network are trademarks of PINKWINKGIRL Solutions and Services Private Limited.
PINKWINKGIRL RESERVES THE RIGHT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU OR YOUR USE OF THE PINKWINKGIRL PLATFORM, INCLUDING ITS CONTENTS, WITHOUT YOUR PRIOR PERMISSION IF PINKWINKGIRL HAS A GOOD FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO: (1) CONFORM TO LEGAL REQUIREMENTS OR COMPLY WITH LEGAL PROCESS; (2) PROTECT AND DEFEND THE RIGHTS OR PROPERTY OF PINKWINKGIRL OR ITS AFFILIATED COMPANIES; (3) ENFORCE THE TERMS OR USE; OR (4) ACT TO PROTECT THE INTERESTS OF ITS MEMBERS OR OTHERS. PINKWINKGIRL PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF PINKWINKGIRL’ RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE PINKWINKGIRL PLATFORM OR INFORMATION PROVIDED TO OR GATHERED BY PINKWINKGIRL WITH RESPECT TO SUCH USE.
Personal information can be disclosed when you use specific modules on PINKWINKGIRL Platform meant for dissemination of personal information such as but not limiting to information related to Products and Services offered for sale, orders placed for purchasing the products and services and associated information including but not limited to payment information and order fulfillment details including but not limited to address of delivery, payment mode. If you wish to retain your privacy, do not maintain your information in these modules.
- Covenants of Users
17.1: Producer organizations shall ensure that the best service standards in the industry are adopted and shall ensure delivery of all goods and services purchased for Purchasers in accordance with the highest standards. The Producer organization assures and guarantees to PINKWINKGIRL and the Purchasers that all licenses and registrations required by the various local, state and central government agencies, laws, rules and regulations are in full force and effect to enable the Producer organization to carry on the business of sale of goods and services.
The Producer organization assures further and guarantees to PINKWINKGIRL that the following products and services shall not be advertised, displayed or sold on the PINKWINKGIRL Platform and / or any related transactions processed through the PINKWINKGIRL Platform 1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services 2) Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne 3) Body parts which includes organs or other body parts 4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam) 5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free 6) Child pornography which includes pornographic materials involving minors 7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection 8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials 9) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software 10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods 11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms 12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items 13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction 14) Gaming/gambling which includes lottery tickets, spora bets, memberships/ enrollment in online gambling sites, and related content 15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles 16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property 17) Illegal goods which includes materials. Products, or information promoting illegal goods or enabling illegal acts 18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes 19) Offensive goods which includes literature, products or other- materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred. 20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals 21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner 22) Pyrotechnic devices and hazardous materials which includes Fireworks and related goods; toxic, flammable, and radioactive materials and substances 23) Regulated goods which includes air bags; batteries containing mercury; Freon or- similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications 24) Securities which includes stocks, bonds, or related financial products 25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products 26) Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products 27) Weapons which includes firearms, ammunition. knives, brass knuckles, gun parts, and other armaments 28) Wholesale currency which includes discounted currencies or currency exchanges 29) l.ive animals 30) Multi level Marketing collection fees 31) Matrix sites or sites using a matrix scheme approach 32) Work-at-home information 33) Drop-shipped merchandise 34) Jewelry made from Ivory and 35) Any product or service which is not in compliance with the laws of Republic of India and the all applicable laws and regulations whether federal, state, local or international.
17.2: The Producer organization shall duly fulfill all Purchase Orders in accordance with the instructions of the Purchaser. The Producer organization will not acknowledge a Purchase Order as “Shipped/Order executed” or any status providing an impression of fulfillment of the Purchase Order until after the Goods has already been shipped or the services rendered or the order is completed / executed. Producer organization agrees to deliver all merchandise to Customers and render all services and/or complete/ execute all orders expeditiously and without delay or as per the terms of the Purchase Order.
17.3: The Producer organization shall prior to accepting any instructions from the Purchaser ensure that appropriate agreements have been executed with the Purchaser in accordance with the requirements of applicable law and regulations.
17.4: The Producer organization shall carry out all verifications regarding the Purchaser as may be required on an independent basis. The Producer organization is aware that PINKWINKGIRL is not guaranteeing any transactions with the Purchasers in any manner whatsoever. The Producer organization assures that the Purchasers will place the orders themselves and agree not to place orders on behalf of other Purchasers.
17.5: The Purchaser shall carry out all verifications regarding the Producer organization and the goods and services offered for sale on the PINKWINKGIRL Platform as may be required on an independent basis. The Purchaser is aware that PINKWINKGIRL is not guaranteeing any transactions with the Producer organization in any manner whatsoever.
17.6: PINKWINKGIRL shall not be a party to the Agreement between the Purchaser and the Producer organization in any manner whatsoever. All contracts are directly between the Producer organization and the Purchasers.
17.7: Notwithstanding the aforesaid, the Producer organization assures and guarantees to PINKWINKGIRL the due performance of all Purchase Orders which have been placed by the Purchaser and accepted by the Producer organization. ln the event of any Purchaser complaining of any deficiency in Service including but not limited to the quality and quantity of the goods delivered, time and place of delivery, the Producer organization shall take such measures as may be required to rectify the same
17.8: PINKWINKGIRL shall be entitled to prohibit the display of any material on the PINKWINKGIRL Platform if the act or manner of such display is contrary to any applicable law, regulation, government policy, order or guideline including all applicable foreign laws and regulations or which is detrimental or harmful to the interest of PINKWINKGIRL and/or Purchasers, in the sole and exclusive opinion of PINKWINKGIRL.
17.9: PINKWINKGIRL shall be entitled to publish notices, disclaimers and indemnities at the Sub Producer organization’s Site in the manner and extent deemed necessary by PINKWINKGIRL.
17.10: The Producer organization shall bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes) due upon the fulfillment of Purchase Orders placed on the PINKWINKGIRL platform.
17.11: Producer organization shall not (whether online or otherwise)
- a) describe himself/herself/itself as agent or representative of PINKWINKGIRL or the PINKWINKGIRL Platform.
- b) make any representations to Purchasers or any third party or to give any warranties which may require PINKWINKGIRL to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to Customer or any third party.
17.12: The Producer organization has the full right and/or authority to offer goods and services for sale on the PINKWINKGIRL Platform and that it has and shall observe and comply with the applicable laws and regulations in each applicable jurisdiction including without limitation, all applicable licensing, securities, stamp duty, income-taxes and other taxes and other censorship regulations and laws whether in India or otherwise. The Producer organization shall provide PINKWINKGIRL with such information and/or assistance as is required by PINKWINKGIRL for the performance of the PINKWINKGIRL Platform and/or any other obligations of PINKWINKGIRL under this Agreement and the relevant local, state and central Government laws, rules and regulations.
17.13: The Producer organization shall not at any time require the Purchaser to provide the Producer organization with any details of the accounts held by them on the PINKWINKGIRL Platform or any other confidential information including but not limited to their bank accounts, passwords, Credit and Debit card card numbers and PIN numbers.
17.14: The Producer organization shall not use the PINKWINKGIRL Platform in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause PINKWINKGIRL and PINKWINKGIRL to be subject to investigation, prosecution or legal action. The Producer organization shall use the information regarding Purchasers and in general all Users including but not limited name, address, e-mail address, telephone numbers and other data conveyed to the Producer organization by the PINKWINKGIRL Platform or PINKWINKGIRL, only for the purpose of completing the transactions for which it was furnished and not to sell or otherwise furnish such information to others unless the Producer organization has an independent source of such information or obtains the express consent of such Purchaser or User.
17.15: The Producer organization shall inform PINKWINKGIRL of its change of ownership or legal status or its cessation of business in writing 30 working days prior to its effective date.
17.16: The Producer organization understands and agrees to comply with all applicable standards, including the rules set PINKWINKGIRL.
17.17: The Producer organization agrees and undertakes that on an ongoing basis the Producer organization will promptly provide PINKWINKGIRL with all the updated information including current addresses of each of its offices and other relevant details for the PINKWINKGIRL Directory.
17.18: The Producer organization acknowledges that PINKWINKGIRL is the sole and exclusive owner of its Trade Marks and Copyrights and agrees that the Producer organization will not contest the ownership of the said Trade Marks and Copyrights for any reason whatsoever. The Producer organization agrees that PINKWINKGIRL may at any time, immediately and without advance notice, prohibit the Producer organization from using any of the Marks for any reason.
PINKWINKGIRL may provide You with notices, including those regarding changes to PINKWINKGIRL’ terms and conditions, by email, regular mail, or postings on the PINKWINKGIRL Platform. Notice will be deemed given twenty-four hours after email is sent, unless PINKWINKGIRL is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the PINKWINKGIRL Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the PINKWINKGIRL Platform is deemed given 30 days following the initial posting.
The failure of PINKWINKGIRL to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by authorized PINKWINKGIRL personnel.
18.3. Governing Law
THIS AGREEMENT IS GOVERNED BY THE LAWS OF REPUBLIC OF INDIA. YOU HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN BANGALORE, KARNATAKA, INDIA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE PINKWINKGIRL PLATFORM. USE OF THE PINKWINKGIRL PLATFORM IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
YOU AND PINKWINKGIRL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PINKWINKGIRL PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.