Pricing Terms and Conditions
Pink Choice is not a booking agent or a travel agency, and does not charge fees to Members or other users of the Site.
Ownership and Copyright
Persons who register as Members of the Site will be able to write travel reviews and post other material on the Site (all such material, including text, graphics and pictures, are collectively referred to as the "Member Contributions"). You (a) grant Pink Choice LLC a non-exclusive, royalty free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Member Contributions throughout the world in any media, now known or hereafter devised; and (b) represent and warrant that (i) you own and control all of the rights to the Member Contributions, or you otherwise have the lawful right to post and distribute such Member Contributions to the Site; (ii) your Member Contributions are accurate and not misleading; and (iii) your Member Contributions do not infringe the copyright of any other person or defame or invade the privacy of any person. Pink Choice reserves the right to delete, edit, or refuse to post Member Contributions. Pink Choice is under no obligation to offer you any payment for Member Contributions.
The Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Pink Choice logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and Member Contributions to the extent of our licensed rights noted above, and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of Pink Choice and are protected by U.S. and international copyright and trademark laws. The Site and all Site Content is © 2006 Pink Choice LLC All Rights Reserved.
Pink Choice LLC has applied to register the name PINK CHOICE, and this name may not be copied, imitated or used, in whole or in part, without the prior written permission of Pink Choice. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Pink Choice and may not be copied, imitated or used, in whole or in part without the prior written permission of Pink Choice.
The Site also contains the trademarks, service marks and trade dress of our advertisers, all of which is the property of such advertisers and may not be copied, imitated or used, in whole or in part, without the prior written consent of the applicable owner.
Limited License to Use
You may print or download one copy of the materials or content on the Site for your personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright or other proprietary notice appearing on such materials. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
The Site contains links to third-party web sites as a service to Members and other users, and as a benefit to our advertisers. You use links and the content on such other web sites at your own risk. Pink Choice provides these links only as a convenience, and a link to another web site Content does not imply Pink Choice's endorsement, adoption or sponsorship of, or affiliation with, such third party or any content or material contained on such web site, or the products or services marketed thereon.
The Site permits Members to post Member Contributions. You are solely responsible for your Member Contributions. In posting material on the Site, you expressly agree that you will not post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any text, information, photos, graphics or other material (any "Material") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- Any form of hate speech directed at any group or persons;
- Material that invades the privacy of any person; including without limitation addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;
- Material that would violate the rights of any person, or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person;
- Unsolicited promotions, advertising or political campaigning; or
- Viruses, corrupted data or other harmful, disruptive or destructive files;
You acknowledge that we do not pre-screen material posted or transmitted on the Site, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Site. We reserve the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we otherwise find objectionable.
- In addition, you agree that you will not:
- collect, intercept or harvest Member names; collect, intercept or store personal data about other users of the Site, or solicit or attempt to discover a Member's name or other personal information without that Member's express knowledge and consent;
- impersonate any person or entity; or
- misrepresent your affiliation with a person or entity;
Advertisements and Promotions
Pink Choice runs advertisements, and provides links to the web sites of advertisers. Your business dealings with any such third parties are solely between you and such third party. Pink Choice is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of third-party advertisers on the Site.
If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Administrator
Full Address of Designed Agent to Whom Notification Should be Sent:
Pink Choice LLC
8 Cottage Street
Provincetown, MA 02657, U.S.A.
Telephone Number of Designated Agent: 888-432-7465
Email Address of Designated Agent: email@example.com
We may give notice of a claim of copyright infringement to our Members and other users by means of a general notice on the Site, electronic mail to a Member's email address in our records, or by written communication sent by first-class mail to a Member's address in our records.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Pink Choice has adopted a policy of terminating, in appropriate circumstances and at Pink Choice's sole discretion, Members deemed to be repeat infringers. Pink Choice may also at its sole discretion limit access to the Site and/or terminate the accounts of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. PINK CHOICE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED; AND PINK CHOICE EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR THAT THE CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
(B) THE SITE, AND ALL CONTENT CONTAINED THEREON, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PINK CHOICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST PINK CHOICE , ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT PINK CHOICE HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER PINK CHOICE NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR AN FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PINK CHOICE'S RECORDS, PROGRAMS OR SERVICES.
IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENTS THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS ARE APPLICABLE EVEN IF PINK CHOICE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Applicable Law and Venue
You and Pink Choice explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principals. You agree that all claims you may have against Pink Choice, LLC arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding is such courts.
Questions or Comments