WEB SITE TERMS OF USE

Rhineaux Media Corp. ("RMC")
 
You should carefully read the Terms of Use below before using any of the RMC Web Sites (www.pink-spots.com, www.pinkspots.biz, www.gaypinkspots.com, www.mypinkspots, www.pinkspots.org, www.pinkspots.net). By using the Pink Spots Web Sites, you agree to be bound by the Terms of Use. If you do not agree with the Terms of Use you should not access or use the Web Site.
Any questions in relation to these Terms of Use should be sent to [email protected]

1. DEFINITIONS

1.1. "RMC" means Rhineaux Media Corp. dba Pink whose place of business is at 745 Airport Blvd., South San Francisco, 94080, and the telephone number is 650-598-0333.

1.2 "Intellectual Property" includes, without limitation, copyright, design right, patents, trade marks, goodwill and reputation;

1.3 "Material" means all entries made on the Web Site by you;

1.4 "Personal Information" means personally identifiable information such as (but not limited to) your name, street address, telephone number, credit card information, screen name and e-mail address;

1.5 "Privacy Policy" means the privacy policy issued by RMC, which is incorporated by reference into these Terms of Use and which is set out this page

1.6 "Service(s)" means the services and information provided from time to time by RMC through the Web Site, such services and information being subject to change at the sole discretion of RMC;

1.7 "Terms of Use" means these terms and conditions of use;

1.8 "Web Site" means the web sites at the URL’s: www.pink-spots.com, www.pinkspots.biz, www.gaypinkspots.com, www.mypinkspots, www.pinkspots.org, www.pinkspots.net.

2. THE TERMS OF USE

2.1. This is a legally binding agreement.

2.2. You should carefully read these Terms of Use before using the Web Site. By using the Web Site, you agree to be bound by these Terms of Use.

2.3. If you do not agree with the Terms of Use then you should not access or use the Web Site.

3. USE OF WEB SITE

3.1. RMC grants you a non-exclusive, non-transferable license to access and use the Web Site.__

3.2. You may not disseminate any portion of the Web Site through electronic means, including mail lists or electronic bulletin boards, without the prior written consent of RMC.

3.3. Except as expressly permitted in these Terms of Use, the Web Site or any part of it may not be reproduced, transmitted, or distributed without RMC's written permission. You may not commingle any portion of the Web Site with any other information and shall not edit, modify, or alter any portion.

3.4. Anyone wishing to link with the Web Site should obtain the prior written permission of RMC. Inquiries should be directed to [email protected]

4. RIGHTS AND OBLIGATIONS OF RMC

4.1. RMC:

4.1.1. shall provide you with reasonable access to the Web Site;

4.1.2. may in its absolute discretion, terminate any or all use of any or all parts of the Web Site at any time without notice; and

4.1.3. RMC may, but is not obligated to, monitor any Material residing on or transmitted to RMC's server. RMC may, without notice, change or remove any Material residing on or transmitted to RMC's server that RMC, in its sole discretion, believes is unacceptable or violates the law or these Terms of Use.

5. YOUR RIGHTS AND OBLIGATIONS

5.1 You:

5.1.1 will use the Web Site in accordance with these Terms of Use;

5.1.2 accept that the Web Site is provided on an "as is, as available" basis;

5.1.3 are solely responsible for the content of the Material;

5.1.4 will not access, or enable others to access, parts of the Web Site which You are not authorized to access, including personal information of other users of the Web Site;

5.1.5 will not, by your use of the Web Site, pass off or infringe any Intellectual Property right of RMC or any third party, including, but not limited to any third party advertising on the Web Site;

5.1.6 must not post, upload, publish, reproduce, send, transmit or otherwise distribute any Material on or through the Web Site that:

5.1.6.1 is likely to give rise, or to encourage conduct that would give rise to criminal or civil liability or that would otherwise violate any law;

5.1.6.2 you do not have the right to post, upload, publish, reproduce, broadcast, transmit or otherwise distribute;

5.1.6.3 passes off or infringes any copyright, trade mark, patent or other Intellectual Property right of another person;

5.1.6.4 is in contempt of any legal proceedings;

5.1.6.5 is false or misleading;

5.1.6.6 is intended to incite or is likely to excite or promote ill will or hostility against any section of the public, or indicates discrimination or an intention to discriminate against any person or class of persons, because of race, place of origin, color, ethnic or national origins, sex, marital status, disability, religion, beliefs or political opinions;

5.1.6.7 is offensive, or of an indecent, obscene or menacing character;

5.1.6.8 is likely to cause, or is for the purpose of causing, annoyance, inconvenience or needless anxiety to another;

5.1.6.9 is defamatory;

5.1.6.10 impersonates any person or misrepresents your relationship with any person or authority;

5.1.6.11 contains unsolicited or unauthorized advertising;

5.1.6.12 contains viruses, worms, Trojan horses or other code with contaminating or destructive properties; and

5.1.6.13 alters, steals, corrupts, destroys, interrupts or interferes with or adversely affects any file, database, network, software or hardware of us or others, or the use by us or others of the Web Site, the Internet or any network;

5.1.7 you must also not use the Web Site:

5.1.7.1 in a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages, conduct activities or otherwise use the Service in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1988, the Human Rights Act 1981, or the Tenth Schedule to the Companies Act 1981); and

5.1.7.2 to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic Transactions Act 1999) to persons with whom or which you have no relationship (either contractual or personal) or to persons that have not otherwise consented to receive such Electronic Records;

5.1.8 should be aware that RMC will fully co-operate with any regulatory authority, law enforcement authorities or court order requesting or directing RMC to disclose the identity of anyone posting any such information or materials.

6. YOUR INDEMNITY

6.1 You agree to indemnify RMC from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which RMC, their affiliates, employees, and authorized representatives may incur as a result of your breach of these Terms of Use or your use of, or inability to use, the Web Site.

6.2 RMC reserves the right to assume the exclusive defense and control of any such matter for which you have agreed to indemnify RMC, in which event you shall have no further obligation to indemnify with respect to that particular matter.

7. EXCLUSIONS AND LIMITATIONS OF LIABILITY

7.1 RMC does not make any guarantees or warranties as to the accuracy or completeness of or results to be obtained from, accessing and using the Web Site, the Web Site content, nor any material that can be accessed (via a direct or indirect hyperlink or otherwise) through the Web Site. The Services are provided on an "AS IS, AS AVAILABLE" basis without warranty of any kind, either express or implied, including, but not limited to, any warranty of merchantability, warranty of fitness for a particular purpose, warranty that the Services will be provided on a continuous basis or at any given time, or warranty that any transaction made or requested using the Services will be completed within a specified time.

7.2 RMC shall not be liable to you or anyone else for any inaccuracy, delay or interruption in the Services, error or omission, regardless of cause, or for any damages resulting therefrom. In no event will RMC be liable to you or any third party for any actual, special, exemplary, direct, indirect, incidental, reliance, punitive, consequential or any other damages, or for any loss, cost or expense of any kind or nature whatsoever, whether arising under contract, tort, strict liability or otherwise, regardless of the foreseeability thereof and even if RMC has been advised of the possibility thereof, including, but not limited to, loss of time, loss of profits, loss of business opportunity, loss of goodwill, loss of revenue or other economic loss with respect to any use of the Web Site.

7.3 Save as specifically provided herein, nothing in this Web Site shall be construed as an offer by RMC to enter into a contract with you. Statements relating to services or goods provided by RMC or the prices at which any services or goods are provided are an 'invitation to treat'.

7.4 RMC does not guarantee, represent or warrant that this Web Site and its contents will be free from any virus or other elements that may cause damage to equipment ("Damaging Element") used by you. You have sole responsibility to ensure that such Damaging Elements do not cause it damage.

7.5 All material displayed by RMC on the Web Site, whether created by RMC or its users is for information only and is no substitute for specific advice or enquiry.

7.6 Where RMC provides hypertext links on the Web Site to other sites it does so for information purposes only, and such links are not endorsements by RMC of any products or services in such sites and RMC accepts no liability nor does it make any endorsement of or approval of the same. RMC will not be responsible or liable to you for any losses or damages resulting from your use of links to or from external web sites or for any dealings with such third parties.

8. PRIVACY

8.1 RMC operates the Web Site.

8.2 RMC is committed to protecting your personal privacy and subscribes to the provisions of the Standard for Electronic Transactions issued under the Electronic Transactions Act 1999. The Privacy Policy outlines the type of information that is collected by RMC on this Web Site, and how it is used and protected. The Privacy Policy also tells you what to do if you do not want Personal Information collected when visiting the Web Site.

8.3 By using the Web Site, you agree with the terms of the Privacy Policy.

8.4 RMC reserves the right to change or remove the Privacy Policy at its sole discretion.

8.5 You may contact RMC at [email protected] if you have any comments or questions about the Privacy Policy or if you want to report any violations of the Privacy Policy.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All Intellectual Property rights in the Web Site either belong to RMC or are lawfully licensed to RMC by their owners. Maps of on the RMC Web Site are the Intellectual Property of the map producers and are protected by their own copyrights. Reproductions of portions of Pink Spots on the Web Site are the Intellectual Property of RMC. Use of the Trade Marks on the Web Site by RMC is authorized under license from Rhineaux Media Corp. ("RMC").

9.2 You may not in any way modify, copy, distribute, republish or upload anything on the Web Site without prior consent in writing of RMC.

9.3 No Intellectual Property rights or other rights are transferred to you.

9.4 Although RMC does not assume the responsibility for monitoring the use of Intellectual Property rights of third parties, RMC may, at its discretion, remove, suspend, terminate access or take other action against you or third parties who infringe or pass off the Intellectual Property rights of others. If You believe that the Web Site contains unauthorized reproductions of your copyrighted work, or links to web sites containing unauthorized reproductions of your copyrighted work, you may notify RMC at [email protected]

10. LISTINGS

10.1 The listings and ads on the Web Site are published by RMC on behalf of Pink Spots. If your listing is inaccurate or you want it removed please contact RMC, in writing, at 745 Airport Boulevard, South San Francisco, CA. 94080, by email: [email protected], or call 650-598-0333.

10.2 If your Pink Spots listing on the Web Site is inaccurate or you want it removed please contact RMC at 650-598-0333.

11. MISCELLANEOUS

11.1 These Terms of Use contain the entire understanding between RMC and you with respect of the Web Site and no representation, statement, inducement oral or written, not contained in these Terms of Use shall bind either RMC or you.

11.2 Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

11.3 RMC may at any time revise these Terms of Use by updating this posting. By using the Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

11.4 Should RMC fail to enforce strict performance of any provision in these Terms of Use, that failure will not be construed as a waiver of such provision or any right.

11.5 This site is created and controlled by RMC in Belmont, California. As such, the laws of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of California for any litigation arising out of or relating to use of the Web Site (and agree not to commence any litigation relating to it except in such courts).


PRIVACY POLICY

This Web Site and all Pink Spots web sites (www.pink-spots.com, www.pinkspots.biz, www.gaypinkspots.com, www.mypinkspots, www.pinkspots.org, www.pinkspots.net) are operated by Rhineaux Media Corp. dba Pink ("RMC").

RMC respects your privacy and has prepared this Privacy Policy in order to disclose what information RMC collects from online visitors to the Web Site and how RMC uses it. This Privacy Policy is a part of the Terms of Use for this Web Site.

What information do the Pink Spots Web Sites gather?

When you visit this Web Site, you may provide RMC with two types of information:

-Anonymous statistics collected as you browse the Web Site; and
-Personal information that you knowingly give to RMC.

You can be assured that RMC does not collect personal information about you from the Web Site unless you provide it to RMC, therefore, you can visit the Web Site without telling RMC who you are or revealing personally identifiable information about yourself.

The anonymous statistics collected by RMC include details such as which pages are viewed, which browsers people use when visiting the Web Site, how many people visit the Web Site and from which domains people come. None of this information is associated with you as an individual.

Does RMC use cookies?

"Cookie" technology is used by RMC in order to improve its online services to you. Cookies are small files that attach to your web browser computer when you visit the Web Site. These small files identify your browser so that the Web Site can recognize your computer.

You have the option of setting your browser to disable cookies. This may, however, impair your ability to use the Web Site.

RMC also lets third parties that place advertisements on this Web Site use cookies. Any third party advertiser's use of cookies is subject to that party's own privacy practices and not ours.

Does RMC share information about visitors to the Web Site?

Any personal information, such as your name or e-mail address, that you provide to RMC through the Web Site, will not be sold or shared with third parties other than companies affiliated with RMC and its service providers unless you specifically authorize it or unless required by law. RMC may share non-personally identifiable information that it collects through the Web Site with third parties other than companies affiliated with RMC and its service providers in order to assess the results of a promotion, event or third party relationship, to provide information to current or prospective customers or to enhance your online experience. RMC may also disclose non-personally identifiable information to third parties other than companies affiliated with RMC and its service providers if required to do so by law.

What about pages that ask for personal information?

When visitors supply personal information about themselves to RMC for a specified purpose, RMC uses the information for that purpose only.

Does RMC send e-mail to visitors of the Web Site?

RMC may use e-mail to respond to visitors' e-mails or to send information that a visitor has requested.

Does RMC accommodate links to other web sites?

The Web Site contains links to other web sites. As set out in the Terms of Use, RMC is not in any way responsible or liable for the content or privacy practices of other web sites, including, but not limited to, advertisers on this Web Site.

What about third party advertising on the Web Site?

RMC has advertisements from third party advertisers on the Web Site. These advertisements may contain "clear gifs" that provide usage pattern information about the advertisements to third parties and RMC. This data does not contain personally identifiable information.

Privacy Policy updates

RMC reserves the right to update this Privacy Policy at any time. You should check back frequently to note any recent changes to the Privacy Policy.

Questions or concerns

Please direct your questions or concerns about this Privacy Policy to Rhineaux Media Corp. dba Pink at 650-598-03333 or at [email protected]

Copyright © 2017, Rhineaux Media Corp.