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:
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.
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:
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.
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.
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.
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.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
By creating an account with us, you agree not to assist, encourage or enable others to use this Site for the following:
You will also agree not to assist, encourage, or enable others to:
By sending us any Feedback including ideas, suggestions, documents or proposals, you agree to the following:
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:
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.
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.
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.
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.
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.