Terms and conditions of use

Terms and conditions of use

  1. Introduction

1.1     These terms and conditions shall govern your use of pinkycloud.com.

1.2     By using pinkycloud.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use pinkycloud.com.

1.3     If you register with pinkycloud.com, submit any material to pinkycloud.com or use any of pinkycloud.com services, PinkyCloud will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 10 years of age to use pinkycloud.com; and by using pinkycloud.com or agreeing to these terms and conditions, you warrant and represent to us that you are at least 10 years of age.

1.5     Pinkycloud.com uses cookies; by using pinkycloud.com or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  1. Copyright notice

2.1     Copyright (c) 2015 Jennifer Ellison.

2.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in pinkycloud.com and the material on pinkycloud.com; and

(b)      all the copyright and other intellectual property rights in pinkycloud.com and the material on pinkycloud.com are reserved.

  1. Licence to use website

3.1     You may:

(a)      view pages from pinkycloud.com in a web browser;

(b)      download pages from pinkycloud.com for caching in a web browser;

(c)      print pages from pinkycloud.com;

(d)      stream audio and video files from pinkycloud.com; and

(e)      use pinkycloud.com services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from pinkycloud.com or save any such material to your computer.

3.3     You may only use pinkycloud.com for your own personal and business purposes, and you must not use pinkycloud.com for any other purposes.

3.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on pinkycloud.com.

3.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from pinkycloud.com (including republication on another website);

(b)      sell, rent or sub-license material from pinkycloud.com;

(c)      show any material from pinkycloud.com in public;

(d)      exploit material from pinkycloud.com for a commercial purpose; or

(e)      redistribute material from pinkycloud.com.

3.6     Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

3.7     PinkyCloud reserve the right to restrict access to areas of pinkycloud.com, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on pinkycloud.com.

  1. Acceptable use

4.1     You must not:

(a)      use pinkycloud.com in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use pinkycloud.com in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use pinkycloud.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to pinkycloud.com without our express written consent;

(e)      access or otherwise interact with pinkycloud.com using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for pinkycloud.com; or

(g)      use data collected from pinkycloud.com for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2     You must not use data collected from pinkycloud.com to contact individuals, companies or other persons or entities.

4.3     You must ensure that all the information you supply to us through pinkycloud.com, or in relation to pinkycloud.com, is true, accurate, current, complete and non-misleading.

 

  1. Limited warranties

5.1     PinkyCloud do not warrant or represent:

(a)      the completeness or accuracy of the information published on pinkycloud.com;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

5.2     PinkyCloud reserve the right to discontinue or alter any or all of pinkycloud.com services, and to stop publishing pinkycloud.com, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if PinkyCloud stop publishing the website.

5.3     To the maximum extent permitted by applicable law and subject to Section 6.1, PinkyCloud exclude all representations and warranties relating to the subject matter of these terms and conditions, pinkycloud.com and the use of pinkycloud.com.

  1. Limitations and exclusions of liability

6.1     Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

6.2     The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)      are subject to Section 6.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.3     To the extent that pinkycloud.com and the information and services on pinkycloud.com are provided free of charge, PinkyCloud will not be liable for any loss or damage of any nature.

6.4     PinkyCloud will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5     PinkyCloud will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.6     PinkyCloud will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7     PinkyCloud will not be liable to you in respect of any special, indirect or consequential loss or damage.

6.8     You accept that PinkyCloud have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that PinkyCloud are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

7.1     Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if PinkyCloud reasonably suspect that you have breached these terms and conditions in any way, PinkyCloud may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to pinkycloud.com;

(c)      permanently prohibit you from accessing pinkycloud.com;

(d)      block computers using your IP address from accessing pinkycloud.com;

(e)      contact any or all your internet service providers and request that they block your access to pinkycloud.com;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on pinkycloud.com.

7.2     Where PinkyCloud suspend or prohibit or block your access to pinkycloud.com or a part of pinkycloud.com, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Variation

8.1     PinkyCloud may revise these terms and conditions from time to time.

8.2     The revised terms and conditions shall apply to the use of pinkycloud.com from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / PinkyCloud will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of pinkycloud.com from the date that PinkyCloud give you such notice; if you do not agree to the revised terms and conditions, you must stop using pinkycloud.com.

8.3     If you have given your express agreement to these terms and conditions, PinkyCloud will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as PinkyCloud may specify, PinkyCloud will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

9.1     You hereby agree that PinkyCloud may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

9.2     You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

10.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

10.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

11.1    These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

11.2    The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

12.1    Subject to Section 6.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of pinkycloud.com and shall supersede all previous agreements between you and us in relation to your use of pinkycloud.com.

  1. Our details

13.1    This website is owned and operated by PinkyCloud.

13.2    You can contact us by using pinkycloud.com contact form, by email to admin@pinkycloud.com.