Website Terms and Conditions
These Website Terms and Conditions (the “Terms”) are an agreement between you and Pink Cloud, Inc., d/b/a Pink Cloud 9 (“Pink Cloud 9”) that govern your use of Pink Cloud 9’s website located at www.pinkcloud9.com and all linked pages owned and operated by Pink Cloud 9, including any mobile applications (collectively, the “Website”). By browsing and otherwise using this Website, you accept these Terms in full. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE WEBSITE.
You must be at least 18 years of age to use this Website. By using this Website, you warrant and represent that you are at least 18 years of age.
License to Use Website
All content on the Website, including designs, text, graphics, pictures, video, information and other files, and their selection and arrangement (the “Content”), are the proprietary property of Pink Cloud 9 or its licensors. No Content may be modified, copied, distributed, framed, reproduced, republished, broadcasted, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Pink Cloud 9’s prior written permission. Provided that you are eligible for use of the Website, you are granted a limited license to access and use Website Site and the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
Proprietary Rights in the Service
Pink Cloud 9 owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information (“Intellectual Property”) of Pink Cloud 9, and its licensors. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights and material included therein.
You are responsible for compliance with all applicable laws. You represent, warrant and agree that no actions taken by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
In addition, you agree not to use the Website to:
transmit or share, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; use or attempt to use another’s account, service or system without authorization from Pink Cloud 9, or create a false identity on the Website; republish material from this Website (including republication on another website); and sell, rent or sub-license material from the website, or otherwise reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
Pink Cloud 9 Wedding Consultation Services
If after browsing our Website, you opt to purchase a wedding consultation package with us, we will ask you to review and accept separate Service Terms and Conditions that will thereafter govern your relationship with Pink Cloud 9 when using the Pink Cloud 9 wedding consultation services (the “Services”). In the event you accept such Service Terms and Conditions and a conflict exists between such Service Terms and Conditions and these Terms, the Service Terms and Conditions shall prevail.
This Website is provided “as is” and Pink Cloud 9 makes no representations or warranties in relation to this website or the information and materials provided on this website. PINK CLOUD 9, AND ITS AFFILIATES AND LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL PINK CLOUD 9 OR ITS AFFILIATES BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO TERMS OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE WEBSITE, ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEBSITE OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL PINK CLOUD 9’S OR ITS AFFILIATES’ TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO PINK CLOUD 9 OR ONE HUNDRED DOLLARS ($100.00).
SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE. BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER ARE REASONABLE.
You agree to hold Pink Cloud 9 free and harmless from any and all third-party claims (including attorney’s costs to defend against such claims) arising from the services performed under these Terms, except to the extent that such claims arise solely from the gross negligent or wilful misconduct of Pink Cloud 9 as determined by a court.
Third Party Sites
The Website may contain links to vendors or other third party web sites, advertisements, or programs that are not controlled by or affiliated with Pink Cloud 9. Pink Cloud 9 is not responsible for the content, offers or privacy policies of such vendors, or other third party advertising, sites and programs. Your dealings with vendors and third party sites are solely between you and the applicable third party.
These Terms may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this Website.
Pink Cloud 9 may transfer, sub-contract or otherwise deal with Pink Cloud 9’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms constitute the entire agreement between you and Pink Cloud 9 in relation to your use of this Website, and supersede all previous agreements in respect of your use of this website (except to the extent you have accepted Pink Cloud 9’s Service Terms and Conditions for your use of the Services.
Governing Law; Attorney’s Fees
These Terms will be deemed to have been made in the State of California, and the provisions and conditions of these Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles thereof. You and Pink Cloud 9 agree that the exclusive venue for any dispute relating to this agreement is Los Angeles County, California. You and Pink Cloud 9 consent to the personal jurisdiction of these courts. The prevailing party in any legal action brought by one party against the other and arising out of these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney’s fees.
You acknowledge and agree that we, at our sole discretion, may terminate your use of the Website without prior notice for any reason at any time. You agree that we shall not be liable to you or any third party for termination of your access to the Website. In the event of any termination, you will immediately cease access to the Website.