Mon 12th May 2008

Terms & Conditions

Think Pink Inc Ltd Terms and Conditions of Use - subscribers

THINK PINK INC LTD is a business networking and advertising service accessible to THINK PINK INC LTD subscribers. The THINK PINK INC LTD searchable advertising directory is available to the General Public. The service is available via the Internet and may later be available by SMS, interactive television etc. Some features of the service can be accessed free of charge and others are services paid for by subscribers on a rolling monthly basis.

By becoming a THINK PINK INC LTD subscriber, you undertake to comply with these "Terms and Conditions". If you do not accept these "Terms and Conditions", you should not register with THINK PINK INC LTD.

Registration with one or more of THINK PINK INC LTD's services, as well as use of this site, implies full and complete acceptance of these "Terms and Conditions" by the subscriber. By checking the box containing the words "I have read and accept the "Terms and Conditions" of the THINK PINK INC LTD service" located at the bottom of the registration page, in order to confirm your registration, you acknowledge that you are bound by all clauses of these "Terms and Conditions".

1. ACCEPTANCE OF TERMS

Thank you for using Think Pink Inc Ltd. Think Pink Inc Ltd provides its service to you subject to the "Terms and Conditions" outlined below. These may be updated by us from time to time without notice to you.

2. DESCRIPTION OF SERVICES

Think Pink Inc Ltd provides a number of services to its "users" such as discussion forums, information, live chat, directory services, email lists and networking. Any new services Think Pink Inc Ltd adds to it current offerings will be also subject to the "Terms and Conditions". Think Pink Inc Ltd reserves the right to add, delete or change the service offerings at any time.

3. SUBMISSION OF CONTENT

By submitting information, you are stating that you are at least 18 years of age or are allowed to with parental consent to use this service, that you are eligible to use the service, and you agree to be bound by the "Terms and Conditions" of the site.

PLEASE NOTE: All minors are recommended to consult their parents or legal guardians in respect of these "Terms and Conditions" before using the service. THINK PINK INC LTD is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, email, message boards, groups, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.

In Consideration of your use of the service, you agree to (a) provide, true, accurate and complete information about yourself as required by the type of data requested and (b) maintain and promptly update the data to keep it true, accurate and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or Think Pink Inc Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Think Pink Inc Ltd has the right to suspend or terminate your account and refuse any and all current or future service.

Think Pink Inc Ltd cannot and will not be liable for any loss or damage arising from failure to comply with this section 3.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

When you subscribe to Think Pink Inc Ltd you are required to open an account, which will allow you to provide us with current, complete, and accurate sign - up information. You will be required to choose a password and a user name. You are personally responsible for you account and any activities that are undertaken using it. Think Pink Inc Ltd will not be held responsible for damages that you may occur from someone else using your account. However, you may be held responsible for losses incurred by Think Pink Inc Ltd or another party due to someone else using your account. Think Pink Inc Ltd therefore recommends that you keep your password and user name confidential.

5. CODE OF CONDUCT

You agree that all information including data, text, photographs, graphics and all other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you and not Think Pink Inc Ltd are entirely responsible for all the content that you post or transmit on thinkpinkinc.co.uk. Users are fully accountable for the copyright status of any items uploaded on their account.

Think Pink Inc Ltd does not check content before it is posted (but reserves the right to add, delete and edit all content) and as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive. Under no circumstances will Think Pink Inc Ltd be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via thinkpinkinc.co.uk

  • 5. You may use Think Pink Inc Ltd for lawful purposes only. You may not use, and shall take all reasonable steps to ensure that no other person uses, the Think Pink Inc Service in a way that does not comply with the terms of any laws applicable to you or that is in any way an unlawful or fraudulent purpose or effect;
  • 5.2.1 To send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights;
  • 5.2.3 To spam or send or procure the sending of any unsolicited advertising or promotional material;
  • 5.2.4 To cause annoyance, inconvenience or needless anxiety;
  • 5.2.5 To send or upload any material that contains viruses, Trojan horses, worms, time bombs or any other harmful programmes.
  • 5.2.6 Harvest or otherwise collect information about others to build up a database for whatsoever reason.
  • 5.2.7 Create a false identity for the purpose of misleading others.
  • 5.3 If you do not follow the guidelines set out under paragraph 5, you agree to indemnify Think Pink Inc Ltd against all claims, demands, actions, costs, expenses (including but not limited to reasonable legal costs and disbursements), losses and damages arising from or incurred as a result of your actions.

6. EXTERNAL LINKS

The links included within THINK PINK INC LTD subscription services may direct you to third-party Web sites. These Linked Sites are not under the control of THINK PINK INC LTD and therefore THINK PINK INC LTD cannot be responsible for the contents of any Linked Site. THINK PINK INC LTD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by THINK PINK INC LTD of the site or any association with its operators. If you decide to access linked third party web sites you do so at your own risk. Any dealings with third parties included within THINK PINK INC LTD subscription services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. THINK PINK INC LTD shall not be responsible or liable for any part of any such dealings or promotions. Any concerns regarding any external link should be directed to the respective site administrator.

7. PRIVACY POLICY

How we use your data is fully outlined in our privacy policy.

8. SUBSCRIPTION PROCESS AND TERMINATION

Think Pink Inc Limited uses the services of Worldpay and FuturePay to carry out the reoccurring monthly billing subscription process. Under the Think Pink Inc Limited subscriptions agreement you agree to pay Think Pink Inc Ltd via Worldpay all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account and authorise Think Pink Inc Limited to charge your chosen payment method for such Products. You agree to make payment using that selected Payment Method. You will have one billing statement sent directly to your email address. If Think Pink Inc Limited does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY THINK PINK INC LIMITED IF YOUR PAYMENT METHOD IS CANCELED (FOR EXAMPLE, FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE THINK PINK INC LIMITED ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT THINK PINK INC LIMITED MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT.

Your continued use of the products and services on your members account reaffirms that Think Pink Inc Limited is authorised to charge you for these services. Your charges for Think Pink Inc Limited subscription services are monthly in advance. Any other Products or Services you order through Think Pink Inc Limited may be payable in advance or in arrears and we will endeavour to make the process clear before you make any order.

Think Pink Inc Limited will review the cost of membership and other products and services it provides from time to time. You will be informed of any price changes at least 30 days prior to the change being implemented. Think Pink Inc Limited will inform you of this change via the billing account email address that you have provided.

8.1 MISSED PAYMENTS

If you miss a payment we will send you a reminder to pay the outstanding debt within 7 working days, if we do not receive payment we will suspend your account until Think Pink Inc Ltd receives payment.

8.2 YOUR RIGHT TO UNSUBSCRIBE

You may unsubscribe for the Think Pink Inc Ltd service at any time for whatsoever reason. To unsubscribe enter the unsubscribe option within your account and notify us. We do not charge termination or cancellation charges. However you will be required to pay any outstanding debts owing to Think Pink Inc Ltd within 30 days. As a subscriber you pay for the service in advance and therefore your right to use the service will run to the next payment date, i.e. if you pay your fee on the 1st April and cancel on the 15th April your right to use the service will end on the 1st May.

8.3 TERMINATION

You understand and agree that Think Pink Inc Ltd at its own discretion can terminate your subscription, submission of content, use of service, and remove and archive or delete any content within the service for any reason, including, without limitation, if Think Pink Inc Ltd believes that you have violated the terms and conditions of Think Pink Inc Ltd. You agree that Think Pink Inc Ltd shall not be liable to you or any third party for any termination or modification of your access to the service.

9. STINK PINK

Think Pink Inc has an open complaint policy where both registered users and the general public can report/complain about any site member. Think Pink Inc reserves the right to use these complaints at their own discretion. As a site member you agree to and understand that your membership can be terminated or suspended as a direct result of these complaints.

10. No SPAMMING RULE AND INCURRED CHARGES

Think Pink Inc Ltd takes the protection of subscribers personal data seriously and therefore employs a strict "No Spamming Rule" and subsequently enforces an account termination and fine system. Think Pink Inc Ltd reserves the right to terminate any account, which at Think Pink Inc Ltd discretion believes to be connected with "spam" or any other unsolicited bulk email. You understand that Think Pink Inc Ltd will seek damages from you if your account is the source of "spam". These damages will be calculated by Think Pink Inc Ltd and charged to your selected payment method. You agree that if damages are difficult to quantify and cannot be reasonably calculated then the subscriber will be charged £10 for each piece of unsolicited bulk email transmitted from your account.

11. DEALINGS WITH ADVERTISERS AND MERCHANTS

Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) THINK PINK INC LTD shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the "Terms and Conditions" of business of, the relevant Merchant.

12. INDEMNITY

You agree to defend, indemnify, and hold harmless Think Pink Inc Ltd, its subsidiaries, members, affiliates, officers, directors, employees and agents, from and against any claims, damages, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content, the Service, your connection to the Service or your breach of the terms of these Terms and conditions. THINK PINK INC LTD shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

13. COPYRIGHT, TRADEMARKS AND IDENTIFIERS

Think Pink Inc Ltd, Think Pink Inc, thinkpinkinc.co.uk, The Think Pink Inc Logo and other Think Pink Inc Ltd services referenced herein may also be trademarks or registered trademarks of Think Pink Inc Ltd are: copyright © of Think Pink Inc Ltd, 630 Allerton Road, Upper Allerton, Bradford, BD15 8AB. Without Think Pink Inc Ltd prior permission or pre-authorised access, you agree not to display or use in any manner, the Think Pink Inc Ltd trademarks. Any rights not expressly granted herein are reserved.

14. DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THINK PINK INC LTD EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY Q UALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
  • B. THINK PINK INC LTD MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WIL L BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THINK PINK INC LTD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THINK PINK INC LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OT HER INTANGIBLE LOSSES (EVEN IF THINK PINK INC LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE "TERMS AND CONDITIONS" SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF THINK PINK INC LTD.

17. GENERAL INFORMATION

These "Terms and Conditions" (including the guides and rules referred to herein) constitute the entire agreement between you and THINK PINK INC LTD and govern your use of the Service, superseding any prior agreements between you and THINK PINK INC LTD You also may be subject to additional "Terms and Conditions" that may apply when you use affiliate services, third-party content or third-party software. The "Terms and Conditions" and the relationship between you and THINK PINK INC LTD shall be governed by the laws of England. You and THINK PINK INC LTD agree to submit to the exclusive jurisdiction of the English courts. Any failure by THINK PINK INC LTD to exercise or enforce any right or provision of the "Terms and Conditions" shall not constitute a waiver of such right or provision. If any provision of the "Terms and Conditions" is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the "Terms and Conditions" remain in full force and effect.

The section titles in the "Terms and Conditions" are for convenience only and have no legal or contractual effect

18. VIOLATIONS

Please report any violations of the "Terms and Conditions" to stinkpink@thinkpinkinc.co.uk.