Last updated December 11, 2010
Welcome to PINK. This Terms of Service Agreement (this "Agreement") explains the terms and conditions that apply to your use of the Pink.gr (described below) and constitutes a legally binding agreement between you and Pink.gr. ("PINK ", "we", "us" or "our"). By accepting this Agreement or using the Pink.gr, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions in this agreement ("Agreement"). If you do not agree with this Agreement, you must not accept this Agreement and may not use the Pink.gr.
We may at our discretion change the terms of this Agreement and will post a copy of the amended Agreement on the Site (as described below). Such changes shall be effective upon posting by us, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If you do not agree to, or cannot comply with the Agreement, as amended, then you must stop using the Pink.gr. We encourage you to check www.pink.gr/terms.asp frequently.
The " PINK Service" consists of (a) our online guide designed to simplify finding online shopping sources, (b) the website located at www.pink.gr (the "Site"), (c) all software (including the Software, as defined below), data, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content"), (d) our applications and (e) any updates, additional features and functionality that PINK may offer.
PINK may at its discretion and from time to time change, add or remove features and functionality of the Pink.gr without notice. PINK reserves the right to discontinue some or all of the features of the Pink.gr at any time at its discretion (including the provision of updates). Additionally, a given PINK subscription may support different features and functionality, and PINK is under no obligation to provide all features and functionality with your subscription. You agree that PINK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Pink.gr.
A copy of PINK Privacy Policy can be found via our web site at https://www.pink.gr/privacy.asp. Please read it carefully before using the Pink.gr. By using the Pink.gr, you agree to the terms and conditions of our Privacy Policy and affirm that you understand the options PINK provides to you with regard to your information. All terms of PINK’s Privacy Policy are hereby incorporated by reference into this Agreement.
To access certain features of the Pink.gr, you may be required to register and provide certain information, including a user name, password and an email address. You are responsible for maintaining the confidentiality of your user name, password and other account information and for all activities that occur under your user name or account. You agree to provide accurate information and to update your account as necessary to keep it accurate. We will use your information in accordance with our Privacy Policy.
You agree you will not allow others to access or use your account. You agree to notify us immediately or any unauthorized use of your account. PINK will not be responsible or liable for any losses or damages that you may incur as a result of the unauthorized use of your user name, password and/or account, either with or without your knowledge.
The Pink.gr is provided only for your personal, non-commercial use. You may not transfer the PINK to a third party.
You agree you will not:
You agree you will comply with any codes of conduct, policies or other notices PINK provides you or publishes in connection with the Pink.gr, and you shall promptly notify PINK if you learn of a security breach related to the Pink.gr. You agree and warrant that you will comply with all laws, rules and regulations in connection with your use of the Pink.gr (including, but not limited to traffic laws and rules when using the Pink.gr in a vehicle), and you will not use the Pink.gr in any manner that violates such laws, rules or regulations.
The Pink.gr includes certain services that are available via a mobile device, including (i) the ability to browse the Pink.gr from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Pink.gr through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
In addition, you will be responsible for providing any other the equipment, hardware, software and services necessary to use the Pink.gr.
To the extent the Pink.gr or any portion thereof is made available for any fee, you may be required to select a payment plan and provide PINK information regarding your credit card or other payment instrument. You represent and warrant to PINK that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay PINK the amount that is specified in the payment plan in accordance with the terms of such plan and this Agreement. You hereby authorize PINK to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let PINK know within sixty (60) days after the date that PINK invoices you. We reserve the right to change PINK’s prices. If PINK does, PINK will provide notice of the change on the PINK website or in email to you, at PINK’s option, at least 30 days before the change is to take effect. Your continued use of the Pink.gr after the price change becomes effective constitutes your agreement to pay the changed amount.
The Pink.gr gives you the ability to watch and time-shift embeded videos over which PINK exercises no editorial or programming control, and the Pink.gr may provide, or third parties may provide, links or other access to other sites and resources on the Internet ("Third Party Content"). You understand that (a) PINK does not guarantee the access to, recording, or viewing of any particular Third Party Content, (b) Third Party Content is not under PINK’s control and PINK is not responsible for and does not endorse such Third Party Content, (c) video broadcasters may change Third Party Content or schedules at any time, and (d) PINK is not responsible for and has no editorial control over any Third Party Content or the distribution thereof. You agree that PINK will have no liability to you or any third party with regard to any Third Party Content.
You acknowledge and agree that Third Party Content is the copyrighted material of the third party that supplies it, is protected by EU copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except as permitted by applicable law.
Third Party Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may limit or prevent the ability of your device to play Third Party Content or to record such Third Party Content for later listening. You understand that PINK does not control the decision of a third party to institute such copy protection mechanisms. You agree that PINK will have no liability to you or any third party with regard to the failure of your PINK Recorder to listen or record for later listening any Third Party Content due to a copy protection mechanism.
PINK may display advertisements for the goods and services of third parties or other promotional materials on the Site or via the Pink.gr. Your dealings with, or participation in promotions of any third-party advertisers via the Pink.gr are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. PINK does not endorse or represent such third parties and is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Pink.gr.
The Pink.gr may also present links to third-party web sites or third-party services not owned or operated by us. We do not endorse or represent such third parties and we are not responsible for the availability of these third-party sites or services or their content. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
You must be at least 18 years of age to use the Pink.gr. Children over the age of 13 may use the Pink.gr only if their parent or legal guardian accepts and agrees to the terms and conditions of this Agreement on their behalf and thereby assumes full responsibility for the child's use of the Pink.gr.
Software (defined below) available in connection with the Pink.gr and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Pink.gr or otherwise exported or re-exported in violation of EU export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Pink.gr, including as it concerns online conduct and acceptable content.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Pink.gr ("Your Content").
You agree to not use the Pink.gr to post, email or otherwise transmit or provide links to any content that:
By posting Your Content on or through the Pink.gr, you hereby do and shall grant PINK a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Pink.gr. PINK has the right, but not the obligation, to monitor the Pink.gr, Content, or Your Content. You acknowledge that PINK may establish general practices and limits concerning use of the Pink.gr, including without limitation the maximum period of time that Your Content, data or other content will be retained by the Pink.gr and the maximum storage space that will be allotted on PINK’s servers on your behalf. You acknowledge and agree that PINK may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PINK, its users and the public.
You understand that the operation of the Pink.gr, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to PINK’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Pink.gr. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. PINK will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
You may terminate your account, this Agreement, and your right to use the Pink.gr, at any time and for any reason or no reason, by contacting PINK Customer Support at [email protected]. Notwithstanding anything to the contrary in this Agreement, PINK retains the right to immediately suspend or terminate your account if you breach any provision in this Agreement. In addition, PINK reserves the right to terminate your account and this Agreement for any other reason or no reason, with or without notice to you. All of Your Content on the Pink.gr (if any) may be permanently deleted by PINK upon any termination of your account in its sole discretion. If PINK terminates your account without cause and you have signed up for a fee-bearing service, PINK will refund the pro-rated, unearned portion of any amount that you have prepaid to PINK for such service. However, all accrued rights to payment and the terms of Section 13-25 shall survive termination of this Agreement.
You may be required to use certain software programs to use or have full access to certain features of the Pink.gr. Any software that may be made available by PINK in connection with the Pink.gr ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to the terms and conditions of this Agreement, PINK hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on devices solely in connection with your personal non-commercial use of the Pink.gr, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. Your use of the Software is subject to the terms of this Agreement. As between you and PINK, PINK retains title to and ownership of the Software, PINK copyrights and trademarks, and all Content provided or made available in connection with the Pink.gr. In the case of any third party software provided to you by PINK, the applicable third party retains title to and ownership of its software and intellectual property rights. You acknowledge and agree that the Pink.gr may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by PINK, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Pink.gr or the Service Content, in whole or in part, except that the foregoing does not apply to Your Content (as defined above) that you legally upload to the Pink.gr. In connection with your use of the Pink.gr you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by PINK.
You agree to defend, indemnify and hold harmless PINK from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorney's fees) relating to or arising out of your breach of any term of this Agreement, Your Content, or your use, access or misuse of the PINK Service. PINK shall provide notice to you of any such claim, suit or demand. PINK reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting PINK’s defense of such matter.
You represent and warrant to PINK that (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow PINK to perform its obligations) in connection with the Pink.grs without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Pink.gr, and PINK’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
YOU UNDERSTAND AND AGREE THAT THE PINK SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PINK MAKES NO WARRANTY THAT THE PINK WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO ACCESS ANY PARTICULAR PROGRAMMING, OR THAT YOUR USE OF THE PINK WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; NOR DOES PINK MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PINK (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE PINK WILL BE CORRECTED OR THAT THE SOFTWARE OR PINK WILL BE COMPATIBLE WITH ANY OTHER HARDWARE OR SERVICE. PINK SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE PINK, THE SOFTWARE, OR OTHER HARDWARE. PINK AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PINK SERVICE OR THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN THESE STATES, PINK'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL PINK OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE PINK OR USE OF THE PINK THROUGH YOUR ACCOUNT BY A THIRD PARTY, EVEN IF PINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL PINK'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO PINK IN THE PRECEDING TWELVE MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100). YOU UNDERSTAND THAT THESE LIMITATIONS OF PINK'S AND PINK'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under EU copyright laws. PINK will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to PINK’s Support at [email protected] (subject line: "DMCA" Takedown Request").
Notice: To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to our Support:
If a counter-notice is received by our Support, PINK will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at PINK’s sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, PINK has adopted a policy of terminating, in appropriate circumstances and at PINK's sole discretion, members who are deemed to be repeat infringers. PINK may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
At PINK’s or your election, all disputes, claims, or controversies arising out of or relating to the Agreement or the Pink.gr that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Athens, Greece before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Agreement. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Agreement, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
