USE OF WEBSITE
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Pinkberry® Marks may be used publicly only with prior written permission from Pinkberry®. Fair use of Pinkberry® Marks in advertising and promotion of Pinkberry® services requires proper acknowledgment. No Pinkberry® Mark may be used as a hyperlink without Pinkberry® prior written permission.
All other names and brands are the proprietary Marks of others and may not be used without their respective owner's permission.
For any Communications that cannot be legally assigned to Pinkberry®, you hereby grant Pinkberry® and its designees an unrestricted, worldwide, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Pinkberry® is free to use any Communications, including, without limitation, any ideas, concepts, know-how or techniques included therein, that you send Pinkberry® for any purpose whatsoever without compensation to you or any other person sending the Communications. In addition, you warrant that all so-called "moral rights" with respect to the Communications have been waived.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or any other material that would violate any law, or that could give rise to any civil or criminal liability under any law.
LINKS TO THIRD PARTY WEBSITES
This Site may provide links to other third party websites or resources. Such links to third party websites on this Site are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, recommendation of or affiliation with the third party or its products and services. Pinkberry® has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, Pinkberry® makes no representations whatsoever about any other website, which you may access through this Site, or any information, software or other products or materials found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you acknowledge and agree that Pinkberry® is not responsible for the availability of such websites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. It is up to you to take precautions to ensure that whatever websites or services you elect to visit or use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Pinkberry® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such website or resource.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Pinkberry® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THIS SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.
Pinkberry® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WHILE Pinkberry® MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Pinkberry® ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE CONTENT PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT Pinkberry®. Pinkberry® UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH CONTENT OR INFORMATION.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR USE OF THIS SITE.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL Pinkberry®, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, PUNITIVE SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE CONTENT OR INFORMATION OR SERVICES CONTAINED AT THIS SITE AND/OR ANY OR ALL OTHER WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pinkberry® respects the intellectual property rights of others and expects its users to do the same. Pinkberry® will, upon receiving proper notice, act to remove or disable access to any Content or Communications alleged to infringe the copyright rights of a third party as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). Any notifications of claimed copyright infringement must be sent to Pinkberry® at the following address: firstname.lastname@example.org. When notifying Pinkberry® of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing Content or Communications, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
Pinkberry®, from its offices within the United States of America, controls this Site. Pinkberry® makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to this Site from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
Pinkberry® is an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application.
Pinkberry® recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. Pinkberry® encourages parents to supervise their children's online activities. Children 12 years old and younger may visit this Site without disclosing any personally identifiable information.
You agree to indemnify and hold Pinkberry®, its parent, affiliates, subsidiaries and each of their respective officers, directors, members, managers, employees, contributors, representatives, agents, successors and assigns harmless for, from and against any claims, actions, demands, threats, judgments, obligations, proceedings, injunctions, penalties, fines, fees, taxes, losses or other damages including, without limitation, attorneys' fees, expert witness fees and costs, arising from or in connection with any information or Communications you provide to Pinkberry® and/or your use of this Site.
ACCEPTANCE OF TERMS