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Terms & Conditions of Use

This Website (“Site”) is provided by Pinkly Perfect, Inc. ("Pinkly Perfect") and may be used by you for informational purposes and for purchase of products manufactured by Pinkly Perfect. By accessing, browsing, and using the Site or downloading materials from the Site, you agree to be bound by and abide by the terms and conditions set forth in these terms and conditions of use. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT REVISIONS THERETO, THEN DO NOT ACCESS, BROWSE, OTHERWISE USE, OR DOWNLOAD MATERIALS FROM THIS SITE.

Limited License
Subject to the terms and conditions set forth in these terms and conditions, Pinkly Perfect grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

Pinkly Perfect authorizes you to view and download the information ("Materials") and purchase products at the Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Pinkly Perfect does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

All information at this Site is owned exclusively by Pinkly Perfect and/or others, and is protected under applicable copyright, patent, trademark, trade dress laws, and/or other proprietary rights.

Disclaimer
THE MATERIALS SHOWN THROUGH THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PINKLY PERFECT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. PINKLY PERFECT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AT ANY TIME, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. PINKLY PERFECT MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THE SITE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PINKLY PERFECT AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “PINKLY PERFECT PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT.

THE PINKLY PERFECT PARTIES MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.

INTELLECTUAL PROPERTY

Unless otherwise stated in writing, the entire contents and design of the Site are owned by Pinkly Perfect and/or its licensees, affiliates, suppliers and content contributors, and are protected by United States and international copyright law and trademark law, as well as by other state, federal and international laws and regulations.  

Third Party Sites
As a convenience to you, Pinkly Perfect may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Pinkly Perfect makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Pinkly Perfect or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Pinkly Perfect or any of its affiliates or subsidiaries.

Information Provided by You
Pinkly Perfect does not want you to, and you should not, send any confidential or proprietary information to Pinkly Perfect via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Pinkly Perfect will not be considered confidential or proprietary and may be used or distributed by Pinkly Perfect for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing sales and services of Pinkly Perfect.   Notwithstanding the foregoing, all personal data provided to Pinkly Perfect will be handled in accordance with Pinkly Perfect’s Privacy Statement. You further recognize that Pinkly Perfect does not want you to, and you warrant that you shall not, provide any information or materials to Pinkly Perfect that is or are defamatory, threatening, obscene, harassing, inflammatory, or otherwise unlawful, or that incorporates any proprietary material of another.

LINKING TO PINKLY PERFECT WEBSITES

You may create links to this Site from other websites, so long as such links are in compliance with the below terms and conditions for those links and are in compliance with all applicable laws.

A site that links to this Site (1) may link to but not copy or duplicate any Pinkly Perfect Site content; (2) shall not create a browser or border environment around Pinkly Perfect Site content; (3) shall not imply that Pinkly Perfect is endorsing the linked website or any associated products or services; (4) shall not misrepresent the linked website’s relationship with Pinkly Perfect; (5) shall not provide false information about Pinkly Perfect products or services; (6) shall not use the Pinkly Perfect logo or any Pinkly Perfect trademarks or service marks with the express permission of Pinkly Perfect; and (7) shall not contain any content that could be viewed as offensive, controversial, defamatory, inflammatory, or otherwise unlawful, and must only contain content that is appropriate for all age groups.

Payment Authorization
If an order for products or services is placed through the Site using your login and password, and an electronic payment method (such as “Credit Card” or “ACH”) is selected for such order, the placement of the order shall constitute your authorization for us to process, against the account identified in the order, the payment(s) specified in the order or in the applicable lease, purchase, or service agreement.  In the event we are unable to process any payment against the account identified in an order, we shall have the right to either (i) reject that order, or (ii) pursue the rights and remedies available to us at law or in equity under the applicable lease, purchase, or service agreement.

Order Terms
You agree that any orders for any products or services placed by you through the Site shall be subject to these terms and conditions (which you may or may not be asked to accept by pressing and clicking the “Accept” button on the Site).  

Returns and Cancellations
No products may be returned without the prior written approval of Pinkly Perfect.  Only products received within thirty (30) days, and in saleable condition (i.e., undamaged, not worn, and labels still affixed to product) will be considered for return.  Merchandise returned without written authorization may not be accepted at the receiving dock and remains your sole responsibility.  All non-saleable merchandise (that has been opened, damaged, or partially used) will not be accepted. Credits will be issued when the product is acknowledged as received by Pinkly Perfect.  All claims for damaged products or delay in delivery shall be deemed waived unless made in writing and delivered to Pinkly Perfect within seven (7) days after receipt of products.  All returns that are not attributable to Pinkly Perfect’s error must be sent back with shipping charges prepaid.

Taxes and Payment
You agree to pay any applicable taxes that are levied on or payable by Pinkly Perfect as a result of the use, sale, possession or ownership of the products covered hereunder, other than income taxes of Pinkly Perfect. Pinkly Perfect reserves the right at any time to revoke any credit extended to you because of any failure to pay for any products when due or for any other reason deemed sufficient by Pinkly Perfect.  You will be responsible for costs and expenses of collection, if necessary, or in the enforcement of Pinkly Perfect’s rights hereunder, including, but not limited to, reasonable internal and external legal costs, whether or not suit is brought.

Errors and Inaccuracies
The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Pinkly Perfect reserves the right to correct any errors, inaccuracies or omissions—including after an order has been submitted—and to change or update information at any time without prior notice.  

Limitation of Damages
IN NO EVENT SHALL PINKLY PERFECT OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE, OR THE PRODUCTS AVAILABLE ON THE SITE, OR ANY LINKED WEBSITE, EVEN IF PINKLY PERFECT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.  If these laws apply to you, the exclusions or limitations in these terms and conditions that directly conflict with such laws may not apply to you.

Changes
Pinkly Perfect reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time. Changes in these terms and conditions will be effective when notice of such change is posted. Your continued use of the Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.

Pinkly Perfect may terminate, change, suspend or discontinue any aspect of the Pinkly Perfect Site, including the availability of any features of the Site, at any time. Pinkly Perfect may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Pinkly Perfect may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials as that term is defined in these terms and conditions.

Events Beyond Our Control
You absolve and release Pinkly Perfect from any claim of harm resulting from any cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.  Pinkly Perfect will not be liable for failure to deliver products or delays in product delivery occasioned by causes beyond our control, including without limitation, strikes, lockout, fires, embargoes, war or other outbreak of hostilities, inability to obtain materials or shipping space, machinery breakdowns, delays of carrier or suppliers, governmental acts and regulations, and receipt of orders from all sources in excess of Pinkly Perfect’s or its suppliers’ then scheduled distribution or production capacity.

International Users and Choice of Law
This Site is controlled, operated and administered by Pinkly Perfect from its offices within the United States of America. Pinkly Perfect makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws provisions.

These terms and conditions constitute the entire agreement between Pinkly Perfect and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.

Privacy Statement
The following are the online privacy policies of Pinkly Perfect in the United States:

Pinkly Perfect created this Privacy Statement in order to demonstrate our firm commitment to protecting the privacy of our customers who visit or utilize our Site.  This statement discloses our information gathering and dissemination practices and explains how we use and protect personal identifiable information that we receive from our Site.
 
For your convenience, our Site may contain links to other sites.  Our Site may also be referenced on or accessible through links contained on other sites, including sites of third party e-procurement networks.  However, we have not investigated, and are not responsible for, the privacy practices or content of those sites.  Their policies and protections may be different than those offered by Pinkly Perfect.  We encourage you to investigate and review the privacy practices of those sites prior to use.
 
This Privacy Statement covers the Web pages belonging to Pinkly Perfect in the United States only, and does not cover the privacy policies of any Pinkly Perfect affiliates, foreign or domestic.  This Privacy Statement and the policies described below are subject to change from time to time.  We encourage you to review this Privacy Statement periodically to confirm our current Site policies.
 
What information is collected?
 
When you visit our Site, we collect anonymous system information about your computer, such as your IP address.  In certain areas of the Site designated for specific customers, we require personal contact information (such as your name and e-mail address) in order to provide account access and perform other commerce-related activities.  This information is usually requested in the registration and order forms set forth in those areas.  If you obtain access to one of those designated areas, and you are required to log in, we will use a "cookie" to store your user name.  Cookies are small files that are placed on your hard drive by a web site.  They act as unique identifiers for your computer, but cannot be used to identify any individual, only machines.  We may use cookies to identify our customers and better understand their browsing or usage patterns, as well as to enhance the experience of our customers at our Site.
 
What do we do with the information we collect?
 
Anonymous system information, such as your IP address, is used to help diagnose problems with our server and to administer our Site.  We record your user name in a cookie so you do not have to re-enter it every time you visit the Site.  Any personal information that is collected, such as your name or e-mail address, is used to establish and confirm your identity within our internal systems and provide personalized account access and ordering capabilities.  In addition, any contact information you provide in order to request additional information from us, or to provide feedback about Pinkly Perfect or our Site, is used solely to respond to you.  This information is obtained to enable our customers to communicate with Pinkly Perfect easily and quickly.
 
How is payment information protected?
 
If you enter credit card payment information (for example, American Express, MasterCard or Visa information) to purchase Pinkly Perfect products or services, that information is encrypted and protected with industry standard encryption software.  Pinkly Perfect currently uses Secure Socket Layer technology (SSL) to protect such information and ensure that credit card transactions are secure.
 
With whom do we share that information?
 
Any information we collect about you or your computer is used exclusively by Pinkly Perfect to enhance and improve your visits to our Site, or to provide you with requested information, products or services.  For example, when a customer submits credit card information to Pinkly Perfect in order to place an online order, such personal information is used only for payment and shipping purposes.  We may similarly share data with our affiliates and contractors in order to help us analyze such information, assess usage trends, improve Site layout or design, or to maintain or upgrade our software and web capabilities.  However, no personal information is distributed to third parties for direct marketing or solicitation purposes.  If Pinkly Perfect or substantially all of its assets are targeted for acquisition, customer information may be disclosed on a confidential basis as part of the due diligence or investigative efforts of the potential third party acquiror.  In the event of any actual acquisition, such information would be transferred as part of the transaction to the acquiror.
 
Who should I contact for more information?
 
If you have any questions about this Privacy Statement, the practices of this Site, or your dealings with this Site, please feel free to contact Pinkly Perfect at maddy@pinklyperfect.com.  You may also contact us to check the accuracy of any personal identifiable information, or request that such information be updated.  Feel free to contact us at the following address:
 
Headquarters
Pinkly Perfect, Inc.
25 Broadway
9th Floor
New York, NY 10004
Phone : 215-858-PINK (7465)

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