TERMS OF USE

If you do not agree with any of these Terms, including the Privacy Policy incorporated here, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.

This Site and all Website Materials that are included in or are otherwise a part of this Site, including, without limitation: graphics; images; layout; designs; text; content; instructions; audio; videos; trademarks; logos; domain names; trade names; brand names; or any copyrightable material (including source and object code); and aesthetics of this Site; the compilation, assembly and arrangement of the materials of this Site; and all other materials related to the Sites are owned, controlled or licensed by PeakyPink Productions, LLC. and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, and regulations. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by PeakyPink Productions, LLC. no rights are granted to you. Any and all rights to use any Website Materials not expressly granted to you under this Terms are hereby reserved for PeakyPink Productions, LLC. Nothing contained in these Terms will affect, or limit in any way PeakyPink Production's rights to exploit fully any or all of the Website Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Website Materials, or take any action whatsoever in derogation of PeakyPink Production's rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Website Materials, or aid or abet anyone else in doing so.

The entire contents of this Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, PeakyPink Productions, LLC. owns a copyright in the selection, coordination, arrangement and enhancement of the Website Materials on this Site. The Website Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of PeakyPink Productions, LLC. unless and except as is expressly provided in these Terms. Any unauthorized use of the Website Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of this Site. We respect the intellectual property rights of others, and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party's intellectual property rights.

Subject to your strict compliance with these Terms, PeakyPink Productions, LLC. grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to display, view, use and/or play a single copy of the Materials (excluding source and object code) in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device you use to access the Site for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials; (b) you do not use the Website Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Website Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the source or object code of PeakyPink.com, HTML, CSS, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through this Site; and (e) you do not insert any code or product to manipulate the Website Materials in any way that affects anyones experience of this Site.

You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Website Materials (except as may be a result of standard Internet browser or search engine); nor will you (b) modify, frame, reproduce, sell, lease, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Website Materials in any way for any public or commercial purpose except as specifically permitted by these Terms.

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that PeakyPink Productions, LLC. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

PeakyPink Productions, LLC. is or may be the seller of various merchandise and goods on the Site. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

This Site may provide you and others with the opportunity to participate in blogs, social networking and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to www.peakypink.com, including, without limitation, photographs, pictures, data, writings, music, video, audio recordings, computer graphics, questions, comments, suggestions or personally identifiable information. You are solely responsible for the content of any information you put on www.peakypink.com. PeakyPink.com has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on www.peakypink.com. www.peakypink.com reserves the right to review any information that is or becomes available on this Site. www.peakypink.com reserves the right to refuse to post or to remove any User Content that is, unacceptable, undesirable or in violation of these rules. You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant PeakyPink Productions, LLC. these licenses. Upon PeakyPink Productions' request, you will furnish PeakyPink Productions any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information.

PeakyPink Productions, LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our Site, you acknowledge and agree that:

(i) your Contributions do not contain any type of confidential or proprietary information; (ii) PeakyPink Productions, LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; (iii) PeakyPink Productions, LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; (iv) the contributor’s Contributions shall automatically become the sole property of PeakyPink Productions, LLC; and (v) PeakyPink Productions, LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

You grant to PeakyPink Productions, LLC the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content or Contributions for any purpose whatsoever in all formats; on or through any media, software, medium now known or hereafter developed. You further agree that PeakyPink Productions, LLC. is free to use any ideas, concepts, know-how or techniques contained in any User Content or Contributions you send to www.peakypink.com, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content or Contributions. You further authorize PeakyPink Productions to publish your User Content or Contributions in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content or Contributions you submit, even if such User Content or Contributions is altered or changed in a manner not agreeable to you. You agree that PeakyPink Productions, LLC. has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content or Contributions. You further acknowledge and agree that PeakyPink Productions, LLC. will not have any obligation to, but may review, monitor, display, accept or exploit any User Content or Contributions and PeakyPink Productions, LLC. may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content or Contributions without notice or liability. You agree and understand that PeakyPink Productions, LLC. is not obligated to use User Content or Contributions and that you will not receive any compensation for your User Content or Contributions or for any exploitation of it.

You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and mental capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to PeakyPink.com is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features, such as our Subscription, and user Feedback Form, in order to receive electronic alerts or to access certain Website Materials or post User Content or to participate in social networking activities. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Website Materials or User Content or participate in certain features on this Site or engage in social networking related to this Site. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information. If you create a personal profile on this Site, you agree to accept responsibility for all activities that occur under your personal account, and you agree you will not sell, transfer or assign your membership rights. You are responsible for maintaining the confidentiality of your account. PeakyPink Productions reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

UNDER NO CIRCUMSTANCES WILL PEAKYPINK PRODUCTIONS, LLC. BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THIS SITE; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT AND/OR CONTRIBUTIONS; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PEAKYPINK PRODUCTIONS, LLC. OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THIS SITE TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USERS COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF PEAKYPINK PRODUCTIONS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS SITE). IN NO EVENT WILL PEAKYPINK PRODUCTIONS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE OR THE MATERIALS. BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE YOUR RIGHTS.

You agree to defend indemnify and hold harmless PeakyPink Productions, LLC. from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Contentand/or Contributions; (b) your use of the Site or activities in connection with this Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access this Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) PeakyPink Productions' use of your information. You will cooperate as fully required by PeakyPink Productions, LLC. in the defense of any claim.

PeakyPink.com reserves the exclusive right at any time and from time to time to modify, withdraw, suspend or discontinue, temporarily or permanently, any Website Materials available on this Site, without limitation, in whole or in part, including the cessation of all activities associated with this Site, with or without notice. You agree that PeakyPink.com will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof. PeakyPink Productions, LLC. reserves the right to modify or add to these Terms, at any time without prior notice, and such modifications will be binding on you when updated and placed online.

PeakyPink.com reserves the right to terminate your access to and use of this Site, in its sole discretion, without notice and liability, including, without limitation, if PeakyPink.com believes your conduct fails to conform with these Terms. PeakyPink Productions, LLC. reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to www.peakypink.com. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities. Upon termination of your access to this Site, or upon demand from PeakyPink Productions, LLC. all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of this Site. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against PeakyPink Productions, LLC. by virtue of having drafted them.

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the "TERMS" must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

This is the entire agreement between you and PeakyPink Productions, LLC relating to the matters contained here and the Site and superseding any prior version of these "TERMS". You may also be subject to additional terms and conditions that may apply when you use or purchase certain other PeakyPink Productions, LLC Services, affiliate Services, third-party content or third-party software.