Release and Disclaimer of Liability

You acknowledge that we will not be liable to you for user submissions or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user submissions or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the Website, including claims relating to the following:

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, revenge porn law violations, any financial loss not due to the fault of the Website, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Website, unavailability of the Website, its functions and/or Services and any other technical failure that may result in inaccessibility of the Website, or any claim based on vicarious liability for torts committed by individuals met on or through the Website and Services, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of the Website, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

We expressly disclaim any liability or responsibility to you for any of the following:

Errors, mistakes, or inaccuracies of content;

Personal injury or property damage of any nature resulting from your access to and use of the Website;

Any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal;

Any third party's unauthorized access to or alterations of your account, transmissions, or data;

Any interruption or cessation of transmission to or from the Website;
Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through the Website by any person;

Any incompatibility between the Website and your other Services, hardware, or software;

Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website; or
Any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.

Limitation of Liability and Exclusion of Damages

Unless caused by our gross negligence or willful and wanton misconduct, we limit our total liability to you for any claims arising from these terms or your access to the Website solely to your incidental and direct damages, if any. However, our total liability to you will not exceed one hundred dollars ($100 USD) or the total amount you paid us during the one (1) month period before you made your claim, whichever is greater. Recovery of these damages will be your sole and exclusive remedy. We disclaim any liability for any other damages of any kind arising out of these User Terms or your access to the Website.

Unless caused by the other's gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of this Agreement or the Website. This exclusion applies even if the other party knew or should have known about the possibility of the damages.

The mutual exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages is independent of your exclusive remedy and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise deems your exclusive remedy unenforceable.

The limitations and exclusions in this section apply regardless of the theory of liability asserted, whether strict liability, breach of warranty (express or implied), breach of contract, tort, or any other legal theory.

Scope of Disclaimers

The disclaimers, exclusions, and limitations contained in sections 13, 14, and 15 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you. It is your responsibility to determine the extent to which sections 13, 14, and 15 may be applied to you. Please note that nothing in this Agreement is intended to benefit any particular third party, and only the parties hereto shall have standing to enforce any term of this Agreement.

Indemnification

You must pay us for any loss of ours that you caused by your negligence, intentional misconduct, or violation of these User Terms. However, you need not pay us for a loss caused by our gross negligence or intentional misconduct.

Loss means a monetary amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can arise from a tangible or intangible detriment; from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.

A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.

Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. We reserve the right to select legal counsel of our choice, for any claims subject to indemnification. You and we must cooperate with each other in good faith on a claim.

No Exclusivity. Our rights under this section do not affect other rights we might have.

Limited Time to Bring Claims

A party to this Agreement must bring any claim that party may have against the other party that arises out of these User Terms or the Website within one (1) year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one (1) year period, the claim is permanently barred.

Compliance with Laws

You understand that we make no representation that the content available on this Website is appropriate or available for use in any particular location. You assume all knowledge of applicable law and are responsible for compliance with these laws.

Governing Law

California law exclusively governs these User Terms without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction.

Dispute Resolution

Except for disputes subject to arbitration, all disputes arising under this Agreement or regarding the Website will be subject to the exclusive jurisdiction and venue of the courts in Los Angeles County, California. The parties submit to the personal jurisdiction of the courts in Los Angeles County, California to resolve all disputes not subject to arbitration. The parties agree that the exclusive venue and forum to resolve all disputes will be in the courts of Orange County, Florida and waive any right to seek another venue because of improper or inconvenient forum.

The parties agree that the Website will be deemed to be based in Los Angeles County, California, and that the Website will be further deemed a passive online service provider that does not give rise to personal jurisdiction over the Website, either specific or general, in any other jurisdiction.

Nothing in this Agreement shall be construed as an admission or concession that the laws of any other jurisdiction applies to the Website, or to this Agreement.

Waiver of Jury Trial. Both parties agree that as part of their consideration for these User Terms, they waive the right to a trial by jury for any dispute arising between the parties related to the subject matter of this Agreement. The parties further agree that this waiver will be enforceable up to and including the day that trial is to start.

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the advanced written consent of all parties to all affected arbitrations or proceedings.

Rights to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates this Agreement, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.

This Service is for Amusement Purposes

You understand and accept that our Website and Services is an entertainment and recreational service. Any user accessing our Website in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.

General Provisions

Entire Agreement. This Agreement, together with the Privacy Policy, and any other legal notice or agreement published by us on the Website, forms the entire agreement between you and us concerning your use of the Website. It supersedes all prior terms, understandings, or agreements between you and us regarding use of the Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of this Agreement shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Modifications. We may modify these User Terms on one or more occasions. Changes will become effective on the effective date noted at the top of the modified Agreement. It is your responsibility periodically to check the Website to review the most current User Terms. While we will try to notify you of any changes to this Agreement, we do not assume an obligation to do so. By continuing to use the Website after we post changes to this Agreement, the modified terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website.

Assignment and Delegation. We may assign any rights or delegate any performance under this Agreement without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

Cumulative Remedies. All rights and remedies provided in these User Terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

Successors and Assigns. These User Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these User Terms.

Force Majeure. We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; pandemics, war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information Services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

Expenses and Costs of Enforcement. If a court or tribunal of competent jurisdiction determines that a party violated this Agreement, and subject to the terms of Section 15 (Limitation of Liability and Exclusion of Damages) of this Agreement, the breaching party will reimburse the non-breaching party for all actual costs and reasonable attorney fees incurred in enforcing this Agreement.

Notices.

Any notice required to be given by us under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Website, or by personal delivery via commercial carrier. Notices by customers to us shall be given by electronic messages unless otherwise specified in the Agreement.
Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, and/or recipient for any notice hereunder.
Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
Website Contact Information. Any notice to us under this Agreement shall be directed to info@PinkyLegend.com.
Authorization and Permission to Send Emails to You. You authorize us to email you notices, advertisements, and other communications, including but not limited to emails, advertisements, and notices. You understand and agree that such communications may contain adult oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

Electronic Signatures. You agree to be bound by any affirmation, assent, or agreement you transmit through this Website. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" "check box" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

English language. We have written this Agreement and our associated Website policies in the English language. You are representing your understanding and assent to the English language version of this Agreement as it is published. We are not liable to you or any third party for any costs or expenses incurred in translating this Agreement. In the event that you choose to translate this Agreement, you do so at your own risk, as only the English language version is binding.

Parental Controls Notice: You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words "parental controls" or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing our Website or the content received via our Services if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on our Website or Services from being displayed or accessed by your children or wards.

You acknowledge and understand that we operate as the provider of an interactive computer service. Thus, we are immune from, and cannot be held responsible, in most circumstances, for claims arising from the publication or transmission of your content as well as the content of other users and third parties. We do not create such content, and we are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of our policies, without impacting our status as the provider of an interactive computer service. No third parties are intended to benefit from this Agreement between you and us.

Export Control: You understand and acknowledge that the software elements of the materials on the Website may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

No Agency Relationship: Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

Usages: In these User Terms, unless otherwise stated or the context otherwise requires, the following usages will apply:
References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
In computing periods from a specified date to a later specified date, the words "from" and "commencing on" (and the like) mean "from and including," and the words "to," "until," and "ending on" (and the like) mean "to but excluding."
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
"A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
"Including" means "including, but not limited to."
No Waiver: No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Headings: All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

Complete Agreement: This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website, Services and the materials contained therein, and your use of the Website and Services, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.

Other Jurisdictions/Foreign Law: We make no representation that the Website, Services, or any of the materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Website and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this Agreement shall be interpreted as an admission that that the Website is subject to the laws of any nation besides the United States.

Service Not Available in Some Areas: You are subject to the laws of the state, province, city, country, or other legal entity in which you reside and/or from which you access this Website. THIS WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or use this Website while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and this Agreement, and subject to having your account suspended or terminated without any notice to you. You hereby agree that this Website cannot be held liable if laws applicable to you restrict or prohibit your participation. This Website makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on this Website, nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties. We reserve the right to restrict access to this Website in any jurisdiction.