Use of the Site
The Site provides an online marketplace for appropriately qualified sellers (“Seller”) to offer to sell goods (“Items”) to prospective purchasers (“Buyers”). Any sale of an Item directly between a Buyer and a Seller is governed by these Terms.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages (“Materials”), are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.
The Role of Pink Hair For Hope
The role of Pink Hair For Hope is expressly limited to making the Site available and maintaining the Site for sellers, buyers, and users. Pink Hair For Hope is an intermediary and not an agent or fiduciary for any seller, buyer or user for any purpose. Pink Hair For Hope is not responsible for the actual sale of any Item and does not control the information provided by sellers, buyers, or users, nor their acts or omissions. Pink Hair For Hope is independent from the seller, buyer and user, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Site by Pink Hair For Hope.
Pink Hair For Hope may, but is not obligated to, provide intermediary services between the buyer and seller in connection with customer service or dispute resolution matters. In the event Pink Hair For Hope elects in its sole discretion to provide intermediary services, then the decision of Pink Hair For Hope is final and binding on all parties and cannot be appealed, challenged or reversed.
Your Account and Access
Copyright Infringement. Notice and Take Down Procedures.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of Pink Hair For Hope. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Pink Hair For Hope specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the Site’s or Pink Hair For Hope’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
- Abusing the Invite a friend benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses
- Abusing special discounts, awards or incentives offered by Pink Hair For Hope. Unless otherwise specified, only one offer is value per person, maximum two per household.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
User Submitted Content
You are responsible for any User Content you post to the site. By “User Content” we mean any content you post to the site, which may include reviews, comments, image uploading, captions, participating in forums, curating or creating art collections and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not:
provide User Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or
provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates.
Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.