CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU CHECK THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO OUR TERMS AND CONDITIONS. BY CHECKING THE BOX, CLICKING ON THE “I ACCEPT” BUTTON OR USING THE WEBSITE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO YOUR USE OF THE WEBSITE AFTER THE DATE OF SUCH CHANGE.
1. ACCEPTANCE OF TERMS; LEGAL COMPLIANCE
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof).
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, your listing, purchase, solicitation of offers to purchase, and sale of items through PinkLion.
2. DEFINED TERMS
All user-supplied content, information, materials, files, communications, documents, text and images, including any user reviews you provide through the Site or any of our applications, are referred to collectively as “User Content.” User Content includes content that is submitted or communicated through any live chat features on the Site. “Our Content” or “PinkLion Content” means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site, and we may refer to all Site users as “you” or “your/s” in this Agreement. As used in this Agreement, a “Seller” is a user who has created a PinkLion “shop” by registering for a seller Account on the Site. A “Buyer” is a user purchasing goods from a Seller through the Site.
3. THE PINKLION MARKETPLACE
PinkLion is an Online marketplace, or platform, which allows users to offer, sell and buy certain goods through the Site. Sellers shall abide by rules posted on the Site regarding the types of items that may be sold through the Site. Sellers may create virtual shops, provide pictures and descriptions of the goods available for sale and interact with prospective Buyers in real time and otherwise. Buyers may browse PinkLion for particular Seller shops or may search for particular items using our search functions. While PinkLion facilitates purchase transactions the the Site, PinkLion is not directly involved in the transaction between Buyers and Sellers. As a result, we have no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the product descriptions, the credibility of Sellers or the credibility of Buyers. The terms of sale and any shipping conditions are provided by the Sellers or are otherwise negotiated and agreed to between the Seller and Buyer. Buyers are encouraged to carefully review all Seller terms (including shipping terms) which may be posted on Seller shops. Without limiting the other provisions in this Agreement, by utilizing the PinkLion marketplace you acknowledge and agree that you are solely responsible for your interaction with other PinkLion users and that PinkLion will not be held liable for any dispute, loss or injury you suffer as a result of your use of the Site, your interaction with another user or your purchase or sale of any products through the Site.
All transactions are made solely between Sellers and Buyers; PinkLion does not take ownership of or transfer any Seller products. Instead, PinkLion merely facilitates the transactions and takes a small facilitation fee from the purchase price. Unless otherwise stated, all transactions and prices listed are in United States Dollars.
Sellers must outline their shop policies for their PinkLion shop. These policies should include, for example, shipping and return policies. Sellers must create reasonable policies in good faith and must abide by such policies. Sellers are responsible for enforcing their own reasonable shop policies. PinkLion reserves the right to request that a seller modify a shop policy. When you make a sale on PinkLion, you (the Seller) will be charged a transaction fee, which will be a percentage of the Transaction Total. The “Transaction Total” includes the price of the item (customized & non-customized) and shipping costs, but not sales tax collected by the Seller (if any). If multiple items are sold in one transaction, the PinkLion fee will be a percentage of the Transaction Total for all the items combined. By way of example, if the buyer is to pay seller $57.00 for the cost of the purchased item and shipping costs, the PinkLion fee would be a percentage of the total amount paid by the Buyer to the Seller for the item and shipping, less sales tax collected by the Seller (if any). The applicable transaction fee will be posted on the Site, and by listing products for sale the Seller acknowledges that it is aware of the applicable transaction fee. If Seller has any questions about the applicable rate, the Seller agrees to contact us at Contact@PinkLion.com so that we may address questions you may have about the PinkLion transaction fee. Please note that PinkLion reserves the right to change the applicable transaction fee from time to time. PinkLion may offer advertising opportunities to increase the visibility of your items and shop, which fees will be clearly outlined before you commit to such an offer.
Sellers shipping items to Buyers must obtain tracking information and provide the information to Buyers to enable Buyers to track shipments. PinkLion reserves the right to disqualify Sellers (and terminate their Accounts) who fail to obtain and provide shipping tracking information to Buyers. In addition, to the extent that there is a dispute between the Buyer and Seller about the shipment of items purchased, Seller’s failure to obtain and provide shipping tracking information may be used against Seller to support a Buyer’s claim.
By listing products, the Seller represents that it has the legal authority to sell the listed product and that the product does not infringe on any party’s rights, including trademark and copyrights. All product descriptions (including product photographs) must be absolutely accurate and honest.
Refunds and Returns:
Users of the Site (both Byers and Sellers) acknowledge and agree that all transactions and dealings are solely between the Buyers and Sellers. Consequently, PinkLion has no independent returns or refunds policy. All such policies are established by the particular Seller, and Buyers are advised to carefully review each Seller’s independent terms and to inquire about the Sellers’ policies.
Notwithstanding the foregoing paragraph, PinkLion does not provide any refunds of transaction fees, even when items are returned to the Seller. As such, Sellers understand and agree that PinkLion’s transaction fee is final and not refundable, and that the PinkLion fee will not be returned or refunded under any circumstances, even when the Seller accepts a return or issues a refund to the Buyer.
Disputes between Users:
In the event a dispute arises between you and another user or a third party, we encourage you to contact the user or third party to resolve the dispute amicably. Because PinkLion is not a party to any transactions occurring through the Site, we have no obligation to resolve the dispute or to in any manner get involved in it. Further, you hereby release PinkLion (and PinkLion’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
4. USER ACCOUNTS; PINKLION TRANSACTION FEE
All Sellers will be required to register and create a user account (an “Account”). In addition, Buyers may also need to register for an Account to facilitate custom requests made to Sellers. Registering as a PinkLion user and creating an Account is free. Upon creating a Seller Account you will be prompted to register with PayPal and/or Stripe. When a Buyer purchases an item, the Buyer will be transferred to a payment page on the Site and the Buyer may select to pay Seller using PayPal or Stripe. In either case, the Seller will be paid the listed purchase price less PinkLion’s transaction fee, which will be paid directly to PinkLion. PinkLion’s transaction fee is a percentage of the Transaction Total. As noted above, the “Transaction Total” includes the purchase price of the item (customized & non-customized) and shipping costs, but does not include sales tax collected by the Seller (if any). The applicable transaction % is listed on the Site and may change from time to time. All payment transactions will be facilitated either by PayPal or by Stripe; PinkLion does NOT process payment or transfer payment from Buyers to Sellers. At no time does PinkLion hold Buyers’ or Sellers’ funds.
By using the Site and/or setting up an Account you represent that you are of legal age to form a binding contract and are not a person barred from receiving our Services under the laws of the United States or otherwise. You also agree:
5. INTELLECTUAL PROPERTY; LIMITED LICENSE
In addition to the Materials and Services offered by us, this Site makes available materials, links, information, products and/or services provided by third parties, including Seller items made available on Seller shops (collectively, the “Third Party Products and Services”). The Third Party Products and Services are governed by separate agreements that accompany such products or services. For example, when you purchase a product from a Seller, the Seller’s particular terms apply to the transaction. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Products and Services. You agree that you will not hold us responsible or liable with respect to the Third Party Products and Services or seek to do so, even if we promoted and/or recommended the particular good or service. You further understand and agree that all dealings with individuals and entities accessed through the Site is at your own risk. We do not screen any of our Site users and make no representations whatsoever about the trustworthiness, credibility, honesty or competence of any Seller.
Except as expressly indicated to the contrary elsewhere on this Site, you may use, view, and download Our Content and User Content available on this Site subject to the following conditions:
The rights specified above to view and use Our Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
6. TRADEMARK INFORMATION
The trademarks, logos, and service marks, including the “PinkLion” and “Be Younique” trademarks (the “Marks”) displayed on this Site are the property of PinkLion or other third parties. You are not permitted to use the Marks without the prior written consent of PinkLion or such third party that may own the Mark.
7. LICENSE TO PINKLION FOR USER CONTENT
Certain pages on the Site, including Seller shop pages, accommodate or require User Content. Examples of such user content include Seller terms, descriptions, product photographs (and other content a Seller uploads onto its shop), and buyer reviews. By submitting User Content to any area of the Site you grant us the following type of license: a perpetual, worldwide, royalty-free, non-exclusive license to modify and reproduce such User Content for the purposes for which they were uploaded to the Site. You also grant us the right to publicly display and perform such User Content on the Site for the purpose for which such User Content was submitted to the Site. For purposes of advertising our services only, you also grant us a worldwide, perpetual, royalty-free, non-exclusive license to compile, display, distribute and perform (but not to sell or license) your User Content. You understand that we may use User Content in our advertising and promotion of particular shops and of our general services.
You agree that you will not submit any User Content to the Site that is in any manner infringing, untrue, or defamatory. Before submitting content or links from other websites you agree to review such sites’ terms and conditions to ensure that your activity on our Site does not violate such terms, and you agree to indemnify us to the extent that we are harmed because of your wrongdoing. Sellers understand that any product photographs or descriptions must be original or must be used with the consent of the relevant copyright owner.
8. DIGITAL MILLENNIUM COPYRIGHT ACT
Our Site is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, PinkLion will remove or block access to the allegedly infringing material, and may terminate the user’s Account as provided in this Agreement. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Contact@PinkLion.com.
In connection with our Services, PinkLion has adopted and implemented a policy respecting the copyright law that provides for the termination, in appropriate circumstances, of subscribers and users of our Services who are repeat infringers of intellectual property rights, including copyrights.
9. PROHIBITED COMMUNICATIONS
More specifically, you understand that you are entirely responsible for the content of, and any harm resulting from, your postings to or transmissions through the Site of User Content. When you create or make available your User Content (including product images, descriptions and reviews), you thereby represent and warrant that:
(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
(b) you have fully complied with any third-party licenses relating to your User Content;
(c) your User Content does not contain any viruses, malicious code or other harmful or destructive content;
(d) your User Content is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(e) your User Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable child pornography law or otherwise intended to protect the health or wellbeing of minors;
(f) your User Content does not violate any applicable law designed to regulate electronic advertising;
(g) your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party on or through the Site;
(h) your User Content does not contain any defamatory material;
(i) your User Content does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose; and
10. PROHIBITED USE OF THE PINKLION WEBSITE
You may not access or use the Site for any other purpose other than that for which we make it available. In using the Site, including all Services and Materials available through it, you agree to not engage in any prohibited activities. Prohibited activity includes, but is not limited to:
(a) criminal or tortious activity, including fraud, trafficking in counterfeit material, harassment, stalking, spamming, or copyright or trademark infringement;
(b) transmitting junk messages to other users, other than transmissions expressly permitted on the Site;
(c) using any information obtained from the Site (including Buyer information that the Seller obtains upon a transaction) in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(d) disrupting or interfering with the security of, or otherwise causing harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site; and
(e) using the Site in a manner inconsistent with any and all applicable laws and regulations.
11. MANAGING CONTENT AND COMMUNICATIONS
12. WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE OR SOFTWARE APPLICATIONS WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
WE DO NOT SCREEN SITE USERS, SELLERS OR BUYERS. WE MAKE NO REPRESENTATIONS WHATSOEVER ABOUT THE CREDIBILITY OF ANY SITE USER. ANY DEALINGS OR INTERACTIONS YOU MAY HAVE WITH OTHER SITE USERS ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY HARM CAUSED TO YOU BY VIRTUE OF YOUR INTERACTION OR DEALING WITH ANOTHER USER OR OTHERWISE BY VIRTUE OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT PINKLION IS MERELY A MARKETPLACE PLATFORM WHICH FACILITATES THE INTERACTION BETWEEN SELLERS AND BUYERS, AND THAT YOUR PURCHASES ARE GOVERNED BY THE SELLERS’ TERMS (INCLUDING SHIPPING TERMS). ANY DISPUTES BETWEEN YOU AND ANOTHER USER MUST BE RESOLVED INDEPENDENTLY BY YOU AND SUCH OTHER USER.
13. PERSONAL INFORMATION AND PRIVACY
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of PinkLion or others. Please refer to our www.pinklion.com/privacy for more information about the manner in which we protect and use your information.
Sellers agree that any information obtained about Buyers resulting from completed transactions (including names, email address and mailing addresses) will be used by Sellers only for purposes of fulfilling orders and shall not otherwise be used or shared by Sellers.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL PINKLION OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US (FROM TRANSACTION FEES) DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM.
15. INDEMNITY AND LIABILITY
PinkLion merely facilitates transactions between Sellers and Buyers and serves only as an Online marketplace. Consequently, all dealings and transactions are solely between you and other Site users. You agree that you will be solely responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
17. GOVERNING LAW, JURISDICTION AND ARBITRATION
This Agreement is governed in all respects by the laws of the State of Texas without regard to conflict of laws provisions. Subject to the arbitration provisions in this section, you accept and consent to the personal jurisdiction and venue of the federal and state courts in Harris County, Texas. Notwithstanding the foregoing, in the event a dispute arises between you and PinkLion arising from or relating to the subject matter of this Agreement, such dispute shall be finally settled by arbitration in Harris County, Texas, using the English language in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Arbitration Rules. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and expert witness fees) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court in Harris County, Texas for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and PinkLion agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Any controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.