PRETTY IN MY POCKET TERMS & CONDITIONS
Acceptance of Terms
This website located at www.prettyinmypocket.com (the "Website") and mobile software applications (the "Mobile Apps") developed or distributed by Pretty in my Pocket (collectively “Website/Mobile Apps”), are owned and operated by Pretty in my Pocket, Inc. (hereinafter "Pretty in my Pocket", "we", "our" or "us"). Pretty in my Pocket develops and licenses mobile applications in connection with beauty products. The mission of the Pretty in my Pocket website and mobile application is to make beauty product discovery and purchasing easy, successful and less costly for its users. The Website/Mobile Apps contain text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Website/Mobile Apps (collectively with all information and material about Pretty in my Pocket and its services, "Content").
If you need to review these terms and conditions in a non-electronic format, you have a right to receive a hard copy letter. If this is your desire, please email firstname.lastname@example.org or send a self addressed stamped envelope to Pretty in my Pocket Inc, 2221 Roswell Rd, NE, Suite D-358, Atlanta, GA 30309, Attention Legal Primp.
When you provide us with contact information, such as email address, phone number, etc., in connection with a particular activity or product, such as adding a product to your PRIMP bag, or the redemption of a discount code, or any other use of our Services, you agree that this action constitutes aninquiry which establishes a business relationship with Pretty in my Pocket. You acknowledge that our communication with you, using contact information obtained directly from you or which is provided to us with your consent and you attest that you have the legal authority over any contact information provided to us, including your mobile phone or other telephone number, and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving). Please keep contact information up to date: you are solely responsible for any contact information you provide to us.
CONTENT [Images, Text, Videos, files, information, etc.] YOU POST
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, post or display on or via the Services. Accordingly, you represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your User Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
Pretty in my Pocket IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION POSTED ON OR ACCESSIBLE THROUGH THE SITES.
LICENSE TO USE USER CONTENT
Pretty in my Pocket does not claim ownership of any User Content that you post on or through the Services. Instead, the Company has an irrevocable, perpetual, nonexclusive, worldwide, royalty-free, transferable, sub-licensable, worldwide license to use the User Content that you post on or through the Services.
OWNERSHIP OF THE SITES AND SITE CONTENT
The Services, and all content published on or accessible through the Pretty in my Pocket platform, mobile apps, Sites or Services (which includes but is not limited to text, images, photos, videos, graphics, music, images, animations, audio, software, widgets, plug-ins, incorporated into the software, data, sounds, messages, comments) (collectively, “Site Content”) is owned by Pretty in my Pocket or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights.
Accessing Applications, Purchasing Products or Services Online
If you pay to access or purchase any applications, products or services, including our mobile applications, that Pretty in My Pocket offers (collectively "Applications, Products and Services"), you agree to allow Pretty in My Pocket, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Applications, Products and Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and our providers for all collection costs and interest for any overdue amounts. All fees and charges are subject to Pretty in My Pocket's refund policy, which is available upon request. Please note that some Applications, Products and Services may not be available in all jurisdictions.
Limited License and Website/Mobile Apps Access; All Rights Reserved
Pretty in My Pocket hereby grants you a limited, non-exclusive and revocable license to access and make personal use of the Website/Mobile Apps, but not to download (other than page caching and mobile applications to authorized platforms) or modify them, or any portion of them, except with the express prior written consent of Pretty in My Pocket. This license does not include any resale or commercial use of the Website/Mobile Apps or the Content; any collection and use of any pages; any derivative use of the Website/Mobile Apps or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Website/Mobile Apps nor any portion of the Website/Mobile Apps may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of Pretty in My Pocket. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pretty in My Pocket without Pretty in My Pocket's express prior written consent. You may not use any meta-tags or any other "hidden text" utilizing any of Pretty in My Pocket's or any third party's name(s) or service marks without the express prior written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title and interest in the Website/Mobile Apps and any Content, features and services offered on the Website/Mobile Apps, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Pretty in My Pocket hereby.
REGISTRATION WITH THE SITE
To register on the Sites and use the Services, you may be required to create a provide and provide certain personal information such as, without limitation, your name, email address, date of birth/age, and create a username, password, and a user profile. You may not (i) select a username of someone other than yourself with the intent to impersonate that person, or (ii) choose a username that Pretty in my Pocket deems, in its sole discretion, inappropriate. If you elect to create a profile, you consent to provide (i) true, accurate, recent information about yourself, and (ii) maintain and properly update the information in your profile as needed. If you fail to do these things, you are in breach of these terms. Such a breach could constitute an immediate termination of your profile. Pretty in my Pocket reserves the right to deny the registration of an account, terminate or edit any account, under any circumstances at its sole discretion.
Except as otherwise expressly stated, all Content appearing on the Website/Mobile Apps is the copyrighted work of Pretty in My Pocket, its users or its third party content suppliers, liscensors and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Pretty in My Pocket and is protected by U.S. and international copyright laws.
You may download information from the Website/Mobile Apps and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website/Mobile Apps, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Pretty in My Pocket and any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by Pretty in My Pocket. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. Pretty in My Pocket does not warrant or represent that your use of Content or any other materials displayed on the Website/Mobile Apps will not infringe rights of third parties. If you believe that any Content on the Website/Mobile Apps violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at email@example.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks, including "Pretty in My Pocket®", are the service marks and trademarks of Pretty in My Pocket or one of its affiliates. The domain name for the Website/Mobile Apps, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Pretty in My Pocket. All other trademarks, service marks, trade dress, names of Applications, Products and Services, company names or logos, whether registered or not, on the Website/Mobile Apps are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Website/Mobile Apps without the prior written authorization of their owners.
Ownership of Information Submitted via the Website/Mobile Apps
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Website/Mobile Apps, and Pretty in My Pocket reserves the right to change the access configuration of the Website/Mobile Apps at any time without prior notice.
Any use or attempted use of the Website/Mobile Apps for the following purposes is strictly prohibited: (i) for any unlawful, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Website/Mobile Apps, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Pretty in My Pocket to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Pretty in My Pocket, or (vii) for any use other than the business purpose for which it was intended, or (viii) for any unauthorized or other improper use or purpose to include but not be limited to the unauthorized or improper use, publication, or distribution of any content or any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. Any party that engages or attempts to engage in any of the foregoing prohibited actions shall indemnify Pretty in My Pocket against any and all damages, costs, expenses, fees, or charges, including reasonable attorney fees, incurred by or asserted against Pretty in My Pocket due to any of the prohibited actions.
In addition, in connection with your use of the Website, you agree you will not:
(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
(b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Pretty in My Pocket representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
(e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
(h) Violate any applicable local, state, national or international law;
(i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
(j) Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
(k) Manipulate or otherwise display the Website/Mobile Apps by using framing, creating deep-links to the Website/Mobile Apps by by-passing the Website's home page, mirroring or similar navigational technology or directly link to any portion of the Website/Mobile Apps other than the main homepage, www.prettyinmypocket.com, in accordance with the Limited License and Website/Mobile Apps Access outlined above;
(l) Probe, scan, test the vulnerability of or breach the authentication measures of, the Website/Mobile Apps or any related networks or systems;
(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
(n) Harvest or otherwise collect information about others, including e-mail addresses;
(o) Use any robot, spider, scraper, or other automated or manual means to access the Website/Mobile Apps, or copy any content or information on the Website/Mobile Apps; or
(p) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website/Mobile Apps.
Right to Monitor
We allow certain types of advertising through and on our Website/Mobile Apps, including our own advertisements for Pretty in My Pocket's products and services, and those of third parties and Content partners to advertise and offer services applicable to our users.
No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website/Mobile Apps is provided by users or third party content providers, Pretty in My Pocket has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on the Website/Mobile Apps are those of such users or third party suppliers. Pretty in My Pocket does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on the Website/Mobile Apps or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Pretty in My Pocket.
Links to Third Party Websites
Applicability of Other Terms
In addition to this Agreement, additional or different terms and conditions ("Other Terms") may apply in connection with certain types of available features or Content. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or (ii) in a link adjacent to where you are permitted to access such available features and Content. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement directly conflicts with the Other Terms, the Other Terms shall control with respect to the specifically conflicting subject matter.
Reservation of Rights
Pretty in My Pocket reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Website/Mobile Apps, (iii) to remove any animated work or any other Content from the Website/Mobile Apps, (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website/Mobile Apps or any subscription to the Website/Mobile Apps, in whole or in part, including, but not limited to, as Pretty in My Pocket deems necessary for purposes of maintenance, upgrades and the like, to maintain the Website/Mobile Apps or to comply with applicable law. Pretty in My Pocket shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website/Mobile Apps or subscriptions to the Website/Mobile Apps and shall have no obligation to refund any fees paid pursuant to this Agreement.
USE OF THE SERVICES BY YOU
Except as may be set forth in these Terms, access to the Services does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any content on the Sites for any purpose other than for use on the Sites and through the Services. Your right to use the Services is personal to you and you are responsible for all use of the Services by you or under your account. You agree to use the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Content and other information contained on the Website/Mobile Apps has been prepared by Pretty in My Pocket as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Pretty in My Pocket has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Website/Mobile Apps or any other Website/Mobile Apps maintained by Pretty in My Pocket. Users relying on Content or other information from the Website/Mobile Apps do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to Applications, Products and Services, but are provided solely for general informational purposes. Should you purchase (or purchase access to) Applications, Products and Services, or any other product from Pretty in My Pocket or purchase (or purchase access to) Applications, Products and Services from a third party, additional terms and conditions may be applicable to that transaction and will govern such purchase, as applicable, and your use of the Pretty in My Pocket website does not affect that purchase in any manner.
YOUR USE OF THE WEBSITE/MOBILE APPS IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND PRETTY IN MY POCKET EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. PRETTY IN MY POCKET MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY DESCRIBED IN THE WRITTEN TERMS (INCLUDING THE OTHER TERMS) GOVERNING THE SALE OF (OR SALE OF ACCESS TO) APPLICATIONS, PRODUCTS AND SERVICES, YOU UNDERSTAND AND AGREE THAT PRETTY IN MY POCKET WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF PRETTY IN MY POCKET HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE/MOBILE APPS, SERVICES OR CONTENT; THE COST OF OBTAINING SUBSTITUTE ACCESS TO APPLICATIONS, PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, ACCESS TO APPLICATIONS, PRODUCTS AND SERVICES; OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE/MOBILE APPS, APPLICATIONS, PRODUCTS AND SERVICES, OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE/MOBILE APPS, APPLICATIONS, PRODUCTS AND SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE PRETTY IN MY POCKET DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE/MOBILE APPS OR APPLICATIONS, PRODUCTS AND SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law; Jurisdiction; Venue; Severability of Provisions
Applicability of the Uniform Commercial Code
Password Accounts, Passwords, and Security
If you have been given the option to open an account on the Website/Mobile Apps that will provide you with access to password protected portions of the Website/Mobile Apps and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Pretty in My Pocket of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Pretty in My Pocket will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Pretty in My Pocket or another party due to someone else using your account or password. You may not use anyone else's account at any time.
No Agency Relationship
Pretty in My Pocket, Inc.
2221 Peachtree RD, Suite D-358
Atlanta, GA 30309