Terms & Conditions

The following terms and conditions govern your access to the use of websites and mobile applications that link to or reference these Terms. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Bright Pink Agency in Coral Springs, Florida. If you are unable or unwilling to be bound by these following Terms, do not access or use this Site.

Please read the following very carefully before using this Website:

1. Parties

This Site provides your business with an opportunity to maintain an online reputation. By doing so, we create access to several third parties such as Google or Facebook. We are not in any way affiliated or partnered with any of these companies. Third parties will be linked solely to identify the companies along with the services they offer.

2. Account and Content

Your account that you create on our website is solely your responsibility in terms of maintaining security. This includes password and any activities that occur in connection with your account. You are responsible to notify us of any unauthorized use of your account. By creating an account with us, you agree to receive communications that connect to the Site. You may opt out of any non-essential communications by email or contacting us.

Content includes text, images, photos, audio, video, location data, and all other forms of data or communication. The content that you submit or transmit to such as invitations, messages and information that you publicly display or displayed in your account profile, must remain appropriate and lawful. By making content available, you are representing and agreeing that:

  • The content you provide agrees with our Terms of Service and any other third party in which you interact with.
  • You will not infringe any content with the options of copying and use of the content. This included copyright, patent, trademark, etc. of any third party.
  • You have received permission or secured a waiver from your employer stating the permission to make available or post the Content.
  • The content you are providing does not contain any viruses, malware, or other harmful content.
  • You have complied with any third party licenses relating to the content.
  • The content provided is not spam or contain unethical commercial content. This includes driving traffic to third party sites or boosting the search ranking of said sites.
  • The Content does not contain violence, threats or pornographic material, and does not violate public or private rights of any third party.
  • Your name and/or URL does not mislead your readers to think you represent another person and/or company.

By submitting Content to Bright Pink Agency, you agree and grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify and adapt both your content and business name in connection with the Website’s operation and promotion. If you delete any Content, reasonable efforts to remove it from the website will be made, however, you must acknowledge that caching or references to said Content may not be unavailable.

Please note that any Content we consider harmful or violating to our policy will grant us the ability to terminate or deny access to use of our Website. There will be no obligation to refund any previously paid amounts.

You agree to indemnify, defend, and hold harmless Bright Pink Agency, its contractors, licensors and their respective directors, officers, employees and agents from and against any and all of the following: losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind. This includes attorneys’fees, arising out of or related to your Content, including but not limited to your violation of this Agreement and/or any of the warranties contained herein. You further agree that Bright Pink Agency takes no responsibility for your Content.

Changes to the Terms

Our Terms may be modified from time to time. The most current version of these Terms will be located here. You understand and agree that your access or use of the Site is conducted by the Terms effective at the time of your access or use of the Site. If our Terms are to be altered, you will be notified by email or by a post on the Site prior to the effective date that the changes will occur. We will also indicate on this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be your responsibility to read and comprehend. Any such modification will be effective upon the posting of new Terms. You understand and agree that your continued access or use of the Site after the effective date of modifications to the Terms indicates that you have accepted the modifications in our new Terms.

Using our Site

3. Eligibility

This website is available to a predetermined and negotiated group of clients. To access or use the Site, you must be eligible to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

4. Permission of Website use

We grant you permission to use the Site with the restrictions in these Terms. Your use of the Site is at your own risk, which includes the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

5. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

6. Restrictions

By creating an account with us, you agree not to assist, encourage or enable others to use this Site for the following:

  • Write a review that is untrue, fake, or slandering review.
  • Trade reviews with other businesses, or compensate someone/be compensated to write or remove a review.
  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  • Threaten, harm, or harass others, or promote ignorance or discrimination.
  • Promote a business or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Bright Pink Agency.
  • Violate any applicable law.

You will also agree not to assist, encourage, or enable others to:

  • Violate the Terms & Conditions
  • Change, accommodate, appropriate, reproduce, distribute, translate, create imitative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as authorized by Bright Pink Agency.
  • Use any robot, site search/retrieval application, or other automated device access to retrieve, scrape, or index any portion of the Site or any Site Content.
  • Reverse engineer any portion of the Site.
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site.
  • Record, process, or damage information about other users.
  • Access, save or record any portion of the Site for purposes of creating or populating a searchable database of business reviews.
  • Reformat or frame any portion of the Site.
  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
  • Use the Site or any Site Content to transmit any computer viruses, defects, Trojan horses or any other destructive viruses.
  • Interfere with the proper working of the Site using any device or software.
  • Use the Site to violate the security of any computer network, retrieve passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content.
  • Remove, bypass, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

7. Privacy

By using our Site, you not only have agreed to the Terms but also to our Privacy Policy. The following information is important:

  • We may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to: (I) Take action regarding suspected illegal activities. (II) Enforce or apply our Terms and Privacy Policy. (III) Adhere with legal process or other government inquiry, such as a search warrant, subpoena, judicial proceeding, or other legal process served on us. (IV) Protect our rights, reputation, and property, or that of our users, affiliates, or the public.
  • If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

8. Improvements/Suggestions

By sending us any Feedback including ideas, suggestions, documents or proposals, you agree to the following:

  • Your Feedback does not contain confidential or private information of third parties.
  • We are under no obligation of confidentiality, expressed or implied, in respect to the Feedback.
  • You grant us a permanent, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you permanently waive, and cause to be waived, against Bright Pink Agency and its users any claims and assertions of any moral rights contained in such Feedback.

9. Security & Protection

You agree to indemnify, defend, and hold harmless Bright Pink Agency, its contractors, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to:

  • Your access or use of the Site.
  • Your violation of the Terms & Conditions.
  • Any services obtained by you in connection with the Site.
  • The infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Bright Pink Agency reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle matters without the prior written consent of Bright Pink Agency. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. Limitation of Liability and Disclaimers

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF THE BRIGHT PINK AGENCY ENTITIES TO YOU. THE SUBSECTIONS BELOW ONLY APPLY UP TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THIS IS UNINTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. BY AGREEING TO ALL THE TERMS AND CONDITIONS, YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS.

THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE UNDERSTANDING THAT THE BRIGHT PINK AGENCY ENTITIES MAY NOT MONITOR OR CONTROL USER CONTENT. THAT BEING SAID, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, NOR ITS SAFETY, SECURITY OR THE SITE CONTENT. WE ARE NOT LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT OCCUR. THIS INCLUDES ACCURACY, RELIABILITY OF BUSINESS LISTINGS, RATINGS, REVIEWS AND MORE.

THE BRIGHT PINK AGENCY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY. THIS INCLUDES THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ANY LOSS OR DAMAGE THAT MAY OCCUR IS NOT LIABLE BY THE BRIGHT PINK AGENCY ENTITIES. THIS INCLUDES THE MISUSE OF YOUR CONTENT BY ANOTHER USER OR BUSINESS, AS WELL AS YOUR IDENTITY AND PERSONAL INFORMATION. FURTHERMORE, IT INCLUDES YOU HAVING A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE. YOUR PURCHASE AND USE OF SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

BRIGHT PINK AGENCY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED. THIS INCLUDES WARRANTIES TO THE SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE. IT ALSO INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE WILL BE NO WARRANTY REPRESENTED OR CREATED BY US FOR ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BRIGHT PINK AGENCY ENTITIES SHOULD YOU BE DISSATISFIED WITH THE SITE, RELATED SERVICES OR ANY OTHER GRIEVANCE, YOUR EXCLUSIVE RIGHT AND SOLUTION IS THE TERMINATION AND DISCONTINUATION OF USE AND ACCESS TO THE SITE.

11. Law and Venue

Florida law will govern these Terms & Conditions, as well as any claim, cause of action or dispute that might arise between you and Bright Pink Agency with no regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN BROWARD COUNTY, FLORIDA.

12. Termination of Site

You may terminate these Terms & Conditions at any time by closing your account, discontinuing your use of the Site, and providing Bright Pink Agency with a termination notice here. To find out what we do with your closed account, please review our Privacy Policy.

We may suspend, ban, and/or close your account for any reason or not reason at all, without notice or liability of any kind. These actions can prevent you from accessing your account, the Site, Your Content, Site Content, along with any other related information. You will no longer be billed once your account is closed, however, no refunds will be issued.

In the event of any termination of these Terms, whether by you or us, Sections 1, 2, 6, 10-12 will continue in full force and effect, including our right to use Your Content as detailed in Section 2.

13. Miscellaneous Terms

We hold the right to change, update, or discontinue the Site at our own discretion, at any time, for any or no reason, without notice or liability. Through email, mail or communications thorough our Site, we may provide you with notices. The Terms & Conditions contain the entire agreement between you and us regarding the use of the Site, and replace any prior agreement between you and us on such subject matter. The parties acknowledge and understand that no reliance is placed on any representation of statements that are not expressed in these Terms. Failure on Bright Pink Agency's part to utilize or enforce any right or clause of the Terms does not constitute a waiver of any further rights. If any clause of the Terms is found to be unenforceable or invalid, then only that clause shall be changed to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms & Conditions, and any rights or obligations under the Terms of this agreement, are not assignable, transferable or sublicensable by you except with Bright Pink Agency's prior written consent. However, it may be assigned or transferred by us without restriction. If you attempt any assignment, the Terms shall be violated and be void. These Terms & Conditions are broken down by section titles only for your convenience, they have no legal effect. Any questions regarding these Terms of the use of the Site, please contact us.