Terms of Use -

These Terms of Use (or “Terms”) govern your use of Pink Filters, except where we expressly state that separate terms (and not these) apply, and provide information about the Pink Filters Service (or “Service”), outlined below. When you create a Pink Filters account or use Pink Filters, you agree to these Terms without modification of the terms, conditions, and notices contained herein.

The Pink Filters Service (or “Service”) is provided to you by Friendship L.L.C. (or “Company”) at www.pink-filters.com (or “Site”). These Terms of Use (or “Terms”) therefore constitute an agreement between you and Friendship L.L.C.

Please also read our Community Guidelines (which form part of these Terms) and our Privacy Policy.

Please be aware that if you subscribe to services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at Pink Filter’s then-current fee for such services, unless you cancel your subscription in accordance with Section 5 below.

The Service is a paid-members-only social networking site for women ages 18 and over to build platonic friendships. The purpose of the website is to meet new friends and participate in discussions.

Privacy
Your use of the Service is subject to the Pink Filters Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting the Site or sending emails to Pink Filters constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We and our associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may not create a Pink Filters account or use the Service.

Persons Under Eighteen
We do not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may not create a Pink Filters account or use the Service.

Cancellation/Refund Policy
Please refer to Section 5 below.

1. PINK FILTERS RULES

Before you can use the Service, you will need to register for an account (“Account”). In order to create an Account you must:

be a woman from birth OR a transgender woman who presents as a woman at all times; and
be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18; and
be a permanent resident of United States; and
be legally permitted to use the Service by the laws of your home country; and
acknowledge that you are a women who is 18 years old or older; and
agree to only use Pink-Filters.com to seek platonic, non-dating friendships.

We monitor for underage use and we will terminate, suspend or ask you to verify your Account if we have reason to believe that you may be underage.

You can create an Account via manual registration. We do not permit you to use another person’s Account or to share your Account with any other person.

We use a combination of automated systems, user reports and a team of moderators to monitor and review accounts and content to identify breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to Pink Filters, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses).

You may not access, tamper with, or use non-public areas of the Site or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

YOU MUST CANCEL YOUR MEMBERSHIP SUBSCRIPTION BEFORE YOU DELETE YOUR ACCOUNT TO AVOID BEING BILLED AFTER YOUR ACCOUNT IS DELETED.
You may delete your Account at any time from the “Account Status” page in the “My Account” section of Pink Filters. After you delete your account, your profile information, posts, and other content will be removed from the site, and the account is not recoverable . You may purchase a new membership if you wish to rejoin Pink Filters.

You may PAUSE your membership at any time from the “Manage Subscription” page when you are logged in. After you pause your account, your profile information, posts, and other content will be hidden from the site. You may resume your membership at at anytime from the “Manage Subscription” page when you are logged in. When a user resumes before their current transaction has expired, they will be billed again on the same day that their subscription was initially set up and will not experience any lapse in access. However, if the user resumes after the current transaction expires, then they will be billed immediately on that day and all future billings will happen on that new day (the user will experience a lapse in access if they resume after their last transaction expired). For example, if you pause your monthly subscription on the 15th, and it normally bills on the 1st of the month, and you then resume on the 20th, you will be billed again on the 1st. But, if you resume on the 3rd of the next month, you will be billed that day, and my new bill date will be every 3rd.

2. TYPES OF CONTENT

There are three types of content that you will be able to access on the App:

content that you upload and provide (“Your Content”);
content that members provide (“Member Content”); and
content that Pink Filters provides (including, without limitation, database(s) and/or software) (“Our Content”).

There is certain content we can’t allow on Pink Filters

Our Community Guidelines form part of these Terms and outline what content and conduct is accepted on and off our Site. You agree to comply with our Community Guidelines as may be updated from time to time.

We want our users to be able express themselves as much as possible on Pink Filters, but we have to impose restrictions on certain content which:

is illegal or encourages, promotes or incites any illegal activity;
is harmful;
is defamatory or libelous;
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
shows another person which was created or distributed without that person’s consent;
contains language or imagery which could be deemed offensive or is likely to harass, embarrass, or alarm any other person;
is obscene, pornographic, violent or otherwise may offend human dignity;
is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);
contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Pink Filters or otherwise; or
in any other way violates our Community Guidelines.

Your Content

You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). You are not required to display your first and/or last name on your individual profile page. If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As Pink Filters is a public community, Your Content will be visible to other users of the Pink Filters all around the world – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to Pink Filters (e.g. individuals who receive a link to a user’s profile or shared content from other Pink Filters Users). By uploading Your Content on Pink Filters, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

We do not have any obligation to store Your Content – if it’s important, you should make a copy.

So that we can prevent the unconsented use of Your Content by other members or third parties outside of Pink Filters, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of Pink Filters.

Member Content

Other members of Pink Filters will also share content via Pink Filters. Member Content belongs to the user who posted the content and is stored on our servers and displayed via Pink Filters at the direction of the user providing the Member Content.

You do not have any rights in relation to other users’ Member Content, and you may only use other Pink Filters users’ personal information to the extent that your use of it matches Pink Filter’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see Section 11 below for more information.

Our Content

All other content that is not Member Content belongs to us. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Pink Filters, as well as the Pink Filters software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of Pink Filters;
you shall not use our name in metatags, keywords and/or hidden text;
you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and
you shall use Our Content for lawful purposes only.

We reserve all other rights.

No Obligation to Pre-Screen Content.

While we don’t assume any obligation to pre-screen any of Your Content or any Member Content, there may be times where we need to step in to help keep our members safe, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages as set out in these Terms.

Use of Algorithms and Recommender Systems.

Pink Filters does not use any algorithms to predict your compatibility with other users. We give users the ability to search and/or browse a member directory containing all registered users on the Site (who have an active account) and full control over determining which users they are potentially compatible with based on the information in the users’ individual profiles.

3. RESTRICTIONS ON PINK FILTERS

You agree to:

comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name and birth year in creating your Pink Filters account and on your profile; and
use the services in a safe, inclusive and respectful manner and adhere to our Community Guidelines at all times.

You agree that you will not:

act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
stalk or harass any other user of Pink Filters;
use the Site or Service in any deceptive, inauthentic or manipulative way, including engaging in conduct or distributing content relating to scams, spam, inauthentic profiles or commercial and promotional activity;
submit appeals, reports, notices or complaints that are manifestly unfounded; or;
develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Pink Filters or its services, or otherwise copy profiles and other data from the services.

You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the “Report” link. We reserve the right to investigate any possible violations of these Terms, any Pink Filters user’s rights, or any third-party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the Pink Filters without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to Pink Filters.

We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.

IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO MEMBER-GENERATED OR PRESS REPORTS OF SUSPECTED MISCONDUCT, WE MAY INVESTIGATE WHETHER A MEMBER HAS A CRIMINAL HISTORY, WHICH MAY, DEPENDING ON THE CIRCUMSTANCES, INCLUDE SEARCHING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF SUCH INVESTIGATIONS IDENTIFY A PERSON WITH A CRIMINAL CONVICTION, WE MAY USE AVAILABLE INFORMATION TO DETERMINE WHETHER THE PERSON IDENTIFIED BY THE INVESTIGATION IS THE SAME PERSON AS THE MEMBER ABOUT WHOM THE INVESTIGATION WAS CONDUCTED. FOLLOWING ANY SUCH INVESTIGATION, WITH RESPECT TO ANY MEMBER THAT WE REASONABLY BELIEVES TO HAVE BEEN CONVICTED OF A SEX OFFENSE (SUCH AS SEXUAL ASSAULT OR SEXUAL HARASSMENT, AND INCLUDING ANY REGISTERED SEX OFFENDERS), OR A CONVICTION FOR HUMAN TRAFFICKING, STALKING, KIDNAPPING, CHILD ABUSE, DOMESTIC ABUSE, MURDER, HATE CRIMES, OR TERRORISM OR VIOLENT EXTREMISM, WE MAY TAKE STEPS TO BLOCK THAT PERSON FROM USING THE SERVICE AND COMMUNICATING WITH OTHER MEMBERS OVER THE PLATFORM. WE RESERVE THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES, OR FOR OTHER VIOLATIONS OF THESE TERMS, OR FOR OTHER REASONS IN THEIR SOLE DISCRETION. CRIMINAL BACKGROUND INVESTIGATIONS, WHEN CONDUCTED, ARE NOT TYPICALLY UPDATED BY THE COMPANY. ADDITIONALLY, WHILE INVESTIGATIONS FOR CRIMINAL HISTORIES MAY BE CONDUCTED ON SOME MEMBERS, THEY ARE NOT FOOLPROOF AND MOST MEMBERS ARE NOT EXPECTED TO BE SUBJECT TO ANY FORM OF CHECK FOR CRIMINAL HISTORIES. ANY INVESTIGATIONS FOR CRIMINAL HISTORIES MAY GIVE MEMBERS A FALSE SENSE OF SECURITY. THE CHECKS FOR CRIMINAL HISTORIES THAT WE MAY CONDUCT ARE NOT A PERFECT SAFETY SOLUTION. CRIMINALS MAY CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL STATES AND NOT ALL DATABASES ARE UP TO DATE. ONLY PUBLICLY AVAILABLE CONVICTIONS ARE INCLUDED IN CHECKS, AND CHECKS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS OR ANY CONVICTIONS FROM FOREIGN COUNTRIES.

You agree to, and hereby do, release the Company and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Scraping or replicating any part of Pink Filters or the Site without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.

4. PRIVACY

For information about how we collect, use, and share your personal data, please check out our Privacy Policy. By using Pink Filters, you acknowledge that we may use such data in accordance with our Privacy Policy.

5. PAYMENT TERMS

Generally.

We may offer products and services for purchase on Pink Filters (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

Payment methods (“Payment Method”) for In-App Purchases may include: (a) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor, or (b) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”). Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal: We may offer some services as automatically-renewing subscriptions, e.g., a one-month subscription, or one-year subscription (“Membership”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT THE PINK FILTERS THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. You will be given notice of changes in the pricing of the Membership to which you have subscribed and an opportunity to cancel. If we change these prices and you do not cancel your subscription, you agree that you will be charged at the Pink Filters then-current pricing for subscription.

Pausing Your Subscription. We may or may not offer the ability to pause your membership. If offered, you may PAUSE your membership at any time from the “Manage Subscription” page when you are logged in. After you pause your account, your profile information, posts, and other content will be hidden from the site. You may resume your membership at at anytime from the “Manage Subscription” page when you are logged in. When a user resumes before their current transaction has expired, they will be billed again on the same day that their subscription was initially set up and will not experience any lapse in access. However, if the user resumes after the current transaction expires, then they will be billed immediately on that day and all future billings will happen on that new day (the user will experience a lapse in access if they resume after their last transaction expired). For example, if you pause your monthly subscription on the 15th, and it normally bills on the 1st of the month, and you then resume on the 20th, you will be billed again on the 1st. But, if you resume on the 3rd of the next month, you will be billed that day, and my new bill date will be every 3rd.

Deleting Your Account. Deleting your account or deleting the application from your device does not cancel your subscription. If you wish to delete your account and avoid future billing, you must first cancel your subscription (as described below), and then delete your account. After you delete your account, your profile information, posts, and other content will be removed from the site, and the account is not recoverable . You may purchase a new membership if you wish to rejoin Pink Filters.

You may delete your Account at any time from the “Account Status” page in the “My Account” section of Pink Filters.

Canceling Subscriptions. If you purchased a subscription directly from Pink Filters, you may cancel or change your Payment Method via the Payments settings in the My Subscription option under your profile. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” above) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Membership or In-App Purchases enabled by your subscription.

You will have 30 days after canceling your subscription to change your mind and reinstate your subscription. If you do not reinstate your subscription within 30 days, we may delete all of your content including your profile information, posts, images, videos, and any other content you belonging to you, and it will not be recoverable. If this is concerning to you, please consider pausing your subscription, instead.

Pink Filters pricing varies by a number of factors. We frequently offer coupons and promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. We reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any promotional rate, coupon, product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honor any offer.

Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Pink Filters, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

Refunds. Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods.

If you have a question about this policy, you may log into your account and contact us with your order number (you can find the order number in the order confirmation email) and/or Pink Filters username and registered email address. You must email us from the email address you registered you registered with on Pink-Filters.com.

Taxes. The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If we determine we have a legal obligation to collect a Sales Tax from you in connection with these Terms, we will collect such Sales Tax in addition to the payments required under this Section 5. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

6. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

We may provide you with emails, text messages, push notifications, alerts and other messages related to Pink Filters and/or the Pink Filters services, such as enhancements, offers, products, events, and other promotions. After downloading the Pink Filter App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications. You may log into your account and contact us with questions.

We use Two-Factor Authentication to secure the login process at Pink-Filters.com. When you or someone else attempts to log in to your account, we track the city, state, country, and IP address of the person attempting the log in. If the password is successfully entered, we send a link to the registered email address to complete the login. In the email, we provide the IP address and login time of the log in attempt.

7. DISCLAIMER

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. PINK FITLERS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON PINK FITLERS MEMBERS.

8. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Who Is Responsible if Something Happens.

Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Indemnification
All the actions you make and information you post on Pink Filters remain your responsibility. Therefore, you agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

9. DISPUTE RESOLUTION AND ARBITRATION

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

By using Pink Filters you agree to the Dispute Resolution and Arbitration Agreement which includes how you can opt out of Arbitration.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

10. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe any content on Pink Filters infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to [email protected].

The Takedown Notice must include the following:

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;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider 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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Takedown Notices should be sent to the Company. Please submit a notification via email alleging such infringement (“DMCA Takedown Notice”) to [email protected]. Please use DMCA in the subject line.

11. TERMINATION/ACCESS RESTRICTION
We reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

12. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pink Filters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pink Filters of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site’s domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

13. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Friendship L.L.C. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pink Filters content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

14. USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, or Pink Filters spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

15. MATERIALS PROVIDED TO THE SITE OR POSTED ON ANY PINK FILTERS WEB PAGE
We do not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Pink Filters Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

16. INTERNATIONAL USERS
The Service is controlled, operated and administered by Friendship L.L.C. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Pink Filters if your permanent residence is outside of United States. You agree that you will not use the Pink Filters Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

17. GOVERNING LAW AND FORUM

Subject to Section 13(3) and any mandatory laws that may apply in the country in which you reside, your access to the Pink Filters, Our Content, and any Member Content, any claims arising from or related to your relationship with the Company, and these Terms are governed and interpreted by the laws of the State of New Mexico. All claims arising out of or relating to these Terms and/or your relationship with the Company that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of New Mexico. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.

18. CHANGES TO TERMS
We reserve the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.

19. CONTACT US
We welcome your questions or comments regarding the Terms:

Email Address:
[email protected]

Effective as of September 29, 2024

Last updated: November 15, 2024 at 2:36 PM EST