Terms of Use – Pink Jersey

1. You Agree to These Terms by Using this Website (“Site”)

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and pinkjersey.com are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

2. Ownership of Content

The Site and all of its contents including, but not limited to, all text and images (“Content”) are owned and copyrighted by pinkjersey.com or others with all rights reserved unless otherwise noted. Any Content that is a logo, service mark or trademark is also a registered or unregistered trademark of pinkjersey.com or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that pinkjersey.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. Your Use of the Site

pinkjersey.com grants you permission to use the Site as follows:

a. With the exception of images of people or places that are located outside of the “Media Center” section of the Site, you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content;
b. You may not use images of people or places that are located outside of the “Media Center” section of the Site without pinkjersey.com’s written permission;
c. Content within the “Media Center” section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;
d. You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without pinkjersey.com’s written permission; or,
e. You are prohibited from using the Site to post or transmit any abusive, defamatory, false, harassing, inflammatory, infringing, libelous, misleading, obscene, pornographic, profane, scandalous, threatening or vulgar material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; you are also prohibited from using the Site to advertise or perform any commercial solicitation. pinkjersey.com may fully cooperate with any court order or law enforcement authorities directing or requesting pinkjersey.com to disclose the identity of anyone posting or transmitting any such information or materials.

4. Privacy

Any personal data (e.g., name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by pinkjersey.com in accordance with the Site’s Privacy & Security policy. Any other communication or material you transmit to the Site, such as comments, questions, suggestions, or the like, will be treated as non-confidential and non-proprietary.

5. Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, pinkjersey.com neither represents nor warrants that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any bulletin boards, chats, discussions, postings, transmissions, and the like that may be on the Site, pinkjersey.com assumes no responsibility or liability arising from any abusive, defamatory, false, harassing, inflammatory, infringing, libelous, misleading, obscene, pornographic, profane, scandalous, threatening or vulgar material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

6. Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER PINKJERSEY.COM, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, OR SUBSIDIARIES, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, DELIVERING, OR PRODUCING THE SITE ARE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, OR CONTENT WHETHER BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

7. Links to Third Party Sites

The Site may contain links to sites operated or owned by parties other than pinkjersey.com. Such links are provided for your convenience only. pinkjersey.com does not control, and is not responsible for, the content or privacy policies on, or the security of such sites. Without limiting the foregoing, pinkjersey.com specifically disclaims any responsibility if such sites:

a. Are inaccurate, incomplete or misleading;
b. Are libelous or defamatory;
c. Are not merchantable or fit for a particular purpose;
d. Contain viruses or other items of a destructive nature;
e. Do not provide adequate security; or,
f. Infringe any third party’s intellectual property rights.

Neither does pinkjersey.com endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of pinkjersey.com.

8. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain software and technical data to certain territories. No software from this Site may be downloaded or exported:

into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the U.S. Commerce Department’s Table of Deny Orders or the United States Treasury Department’s list of Specially Designated Nationals. pinkjersey.com does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

9. Revisions to the Terms

pinkjersey.com may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

10. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Colorado, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Boulder, Douglas or Summit County, Colorado, USA, at pinkjersey.com’s discretion, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.