Terms and conditions

         Pink Grape Website Terms of Use
1. Terms of Use
Thank you for visiting Pink Grape's website (the "Website"). Prior to using the Website, please carefully review the following terms that govern your access and use of the Website and the Pink Grape iOS Application (the “App”) and the services it makes available (such access and use of the Website, the App, and services collectively the “Services”). The following terms also govern your purchase of printed cards, materials and other products from the Website and the App (“Products”). Pink Grape provides the Services to you, subject to the terms of this Online Service Agreement ("OSA"). Your use of Pink Grape indicates your agreement to be bound by this OSA. This OSA comprises the entire agreement between you and Pink Grape and supersedes any prior agreements between you and Pink Grape with respect to the subject matter addressed in this OSA. Pink Grape may revise this OSA at any time. All revisions to this OSA shall be effective immediately upon posting such revisions at www.PinkGrape.com/terms. You agree to review the OSA periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 13 (Termination) below. Your continued use of this Website and the Services following posting of any revised OSA shall be conclusively deemed to be acceptance of all such revisions. The term "Pink Grape" used in this OSA means Pink Grape Printables and Enotes, Inc.

 


2. Privacy
Any information you provide to us is subject to Pink Grape's privacy policy ("Privacy Policy") as set forth at http://pinkgrape.com/privacy. Please carefully review our Privacy Policy.

 


3. Service Terms


 

3.1 Pink Grape Content, Copyrighted Works and Trademarks. The contents of this Website, including, but not limited to, products, font, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, digital downloads, data compilations, software and written and other materials (collectively, "Content") is owned, licensed or controlled by Pink Grape or its third party suppliers, and is protected by United States and international copyright, trademark and/or other intellectual property law. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Website are registered and unregistered Trademarks owned by Pink Grape, its licensees or its third party suppliers. Under no circumstances may you use or copy any of the Trademarks. You may not frame or utilize framing techniques to enclose any Trademarks, brand names or other trademarks or use any meta tags or other hidden text to capture the same without the express written permission of Pink Grape.


 

3.2 Use of Services. Pink Grape grants you a limited, non-transferable license to access and use the Services, specifically including this Website and the Content, for your own use in connection with the Services subject to the terms of this OSA. Pink Grape permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Pink Grape or third parties (collectively, "Rights"). These Rights are valid and protected in all media existing now or later developed and, except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws as well as the terms of this OSA. Except as expressly allowed in Section 4 below (relating to Pink Grape's Personalization Service), you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific written permission of Pink Grape. Pink Grape grants you a limited, non-transferable license to access and use this Website, but does not permit you to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pink Grape, or where expressly permitted.
3.3 Prohibited Use of Website. You will not sell, redistribute or sublicense access to or use of the Website or the App Content or Services. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. You will not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website, the App, the Services and/or the Products, or any portion of any of the foregoing, without the express written consent of Pink Grape. You agree not to interfere, disrupt, or attempt to gain unauthorized access to other accounts that use this Website, App, or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by the Pink Grape to be in conflict with the spirit or intent of this OSA. You further agree not to use this Website or the Services provided on this Website to do any of the following:
(a) upload, post, order for print, email, share with others or otherwise transmit or communicate any material or content that is obscene, offensive, blasphemous, pornographic, unlawful, threatens another person or entity, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
(b) upload, post, order for print, email, share with others or otherwise transmit or communicate any material or content that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes the copyright, trademark, patent or other intellectual property or any moral right of any party;
(c) to harm minors in any way, including, but not limited to, content that violates child pornography or exploitation laws;
(d) attempt to upload images by any method to another user's account without permission;
(e) resell the Services offered or any portion of the Services;
(f) impersonate another user of this Website including an employee of Pink Grape;
(g) violate any local, state, or federal law;
(h) interfere with the operation of Pink Grape's servers or other computers or Internet or network connections;
(i) upload, post or transmit any unsolicited or unauthorized advertising, including spam; or
(j) alter, damage or delete any content or other communications that is not your own or otherwise interfere with the ability of others to access this Website or App. 
If Pink Grape is notified of any of the above violations, Pink Grape may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website and/or App. Pink Grape may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website and/or App; and/or (iii) to protect the rights or property of Pink Grape and its officers, directors, employees, affiliates, agents, third-party content providers, merchants, sponsors, and licensors and any other user.
 Pink Grape reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, or any rights of Pink Grape. Pink Grape reserves the right to exercise whatever means necessary to prevent unauthorized access to the Services, including, but not exclusive to, technological barriers, IP mapping, and direct contact with your Internet Service Provider ("ISP"). Pink Grape reserves the right to terminate your membership if it determines in its sole discretion that you have engaged in any conduct prohibited by this OSA. Pink Grape may also implement certain technical barriers to prevent banished members from returning to the Website and/or App. Pink Grape shall not assume liability for any action or inaction with respect to any conduct, communication, or content on the Website and/or App.
4. Pink Grape Personalization Service. As part of your limited license to use the Services on this Website and/or App, you may register to use the Pink Grape Personalization Service to create your own personalized Products and e-cards that may be e-mailed, shared with others, or downloaded and saved by you (all in a locked format to be determined by Pink Grape) that incorporate images and content you submit to the Website and/or App.
4.1 Your Content– Rights and Responsibilities. You may submit to the Website and/or App in connection with the Pink Grape Personalization Service your images and content, including without limitation, photographs, images, text, graphics, visuals, data and other information (collectively “Your Content”). Pink Grape does not claim ownership rights in Your Content uploaded by you for use in connection with the Services and Products provided. In order to enable Pink Grape to display Your Content through the Services and fulfill any orders placed by you, you grant Pink Grape a non-exclusive, royalty-free license to use, copy, distribute and display Your Content solely in connection with the Services you use and/or Products you purchase. You are responsible for all of Your Content that you upload, share or copy using the Services. You must either own all right, title and interest in and to the copyrights in Your Content or have express permission from the copyright owner to copy and use Your Content for all purposes related to the Services and/or Products you purchase. Your Content must not violate or infringe upon the rights (including other intellectual property rights, privacy, publicity or moral rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources are protected by copyright and should not be uploaded, shared or copied using the Services.
4.2 Your Representations and Warranties. By submitting Your Content to this Website, you agree, represent and warrant that: (a) you own or otherwise have the right to use Your Content you submit or post to or through this Website; (b) use of Your Content does not infringe on the rights of others or cause injury to any person or entity; (c) Your Content does not violate the terms of this OSA; and (d) you will defend and indemnify Pink Grape for any and all claims resulting from Your Content in accordance with Section 12 below. You further agree that, except as permitted by the limited license to use the Pink Grape Personalization Service, you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any Content from the Website and/or App.
5. Member Conduct and Communication
5.1 General. Pink Grape has the right (but not the obligation) to monitor your use of the Website and/or App for adherence to this OSA. You agree to use Pink Grape solely for lawful purposes. Any conduct by you that, in Pink Grape's sole discretion, restricts or inhibits any other person or entity from using or enjoying the Website, the App, or the Services, will not be permitted and shall entitle Pink Grape to immediately terminate your membership without notice.
5.2 Information provided by You. You agree that any information you provide to Pink Grape is truthful and accurate. You acknowledge that Pink Grape does not pre-screen Your Content or content submitted by users, but that Pink Grape shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is made available to it on the Website and/or App by any user that violates this OSA or is otherwise objectionable. You also acknowledge and agree that Pink Grape may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this OSA; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pink Grape, its users and the public.
5.3 User Information. You agree that Pink Grape may use or disclose information about your demographics and use of the Website in any manner in accordance with the Pink Grape's Privacy Policy (http://pinkgrape.com/privacy.) By participating in Pink Grape's promotions or requesting promotional information or product updates, you agree that Pink Grape may use your information for marketing and promotional purposes.
5.4 Pink Grape's Communications with you. You agree that Pink Grape may send electronic mail to you for the purpose of advising you of upcoming events in your calendar, changes or additions to this Website, about any of Pink Grape's Products or Services, or for such other purpose(s) as Pink Grape deems appropriate.
5.5 User Comments, Feedback and Submissions. Pink Grape welcomes comments regarding the Website, the App and Services. However, it is Pink Grape's policy not to accept or consider creative ideas, suggestions or materials other than those specifically requested by Pink Grape. It is our hope that you will understand the intent of this policy is to avoid misunderstandings if projects developed by Pink Grape (or its third party vendors or suppliers) are similar to someone else's creative work. Accordingly, we request that you not send us any such ideas. If, despite our request, you send us comments, feedback, postcards, creative suggestions, ideas, notes, photos, drawings, concepts or other information or submissions (collectively, the "Comments"), the action of sending such Comments to Pink Grape shall constitute an assignment to Pink Grape of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. As such, you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Comments. Thus, Pink Grape will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Pink Grape is and shall be under no obligation to (a) maintain any Comments in confidence; (b) pay to user any compensation for any Comments; or (c) respond to any user Comments.
5.6 Copyright Agent. Pink Grape values the intellectual property rights of others. If you believe that your work or Your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Pink Grape's Copyright Agent and provide a description of the copyrighted material that you believe is infringed, including how you believe it was infringed, a URL from the Website where the work appears, and your contact information.
6. CONDITIONS OF SALE
6.1 Payment Terms. The prices displayed within this Website are quoted in U.S. Dollars. Payment must be made at the time of purchase and on a monthly basis as stated on the Website and/or in the App.
6.2. Apple iTunes Store Purchases. By making an in-app purchase you agree to Apple's terms and conditions for iTunes Store in-app purchases. http://www.apple.com/legal/itunes/volume/jpen/terms.html
6.3. Credit Card Payment. By making a purchase on Pink Grape you agree that you are authorized to use the credit card presented as a method of payment. Prior to the purchase of any products on the Website and/or App, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. If Pink Grape does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Pink Grape or its agents.
6.4 Shipping Terms. Loss or damage that occurs during shipping is not Pink Grape's responsibility. Shipping dates are estimates only.
6.5 Our return policy applies to our Products that are personalized by you and printed by us. In the event Pink Grape makes an error with respect to the Products you order (without any error by you) then you may contact us and we will re-design and/or re-print for you at no additional cost. In the event you make the error, then Pink Grape shall have the right to re-charge you for the requested correction up to the full amount of the initial charge. Your order for Products is subject to cancellation by Pink Grape at its sole discretion; in the event you pay for Products and Pink Grape cancels the order you paid for before you receive it, then Pink Grape will refund to you the dollar amount of the Products paid by you that were cancelled by Pink Grape. In the event you cancel Products after ordering, your payment is non-refundable if Pink Grape has already processed your Product(s) for printing or design.
6.6 Custom Designs. The following terms govern your purchase of any custom Products and Services ("Custom Design"). Custom Design consists of a non-refundable, one-time design and administrative cost associated with the Products plus an on-going monthly subscription cost for ongoing Services. The monthly subscription cost will be automatically debited from your designated account on the 1st of every month. You may cancel your subscription to Custom Design at any time during the month and will not have to pay for future months, but will not be refunded the monthly subscription fee for that month. Once your subscription is canceled, your Custom Design will be removed from the App and Website and can no longer be used by you.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL PINK GRAPE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR CONTENT IN THIS WEBSITE, EVEN IF PINK GRAPE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PINK GRAPE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
8. DISCLAIMER OF WARRANTIES
THE SERVICES IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PINK GRAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PINK GRAPE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINK GRAPE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT PINK GRAPE) ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, AND THAT PINK GRAPE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. Product and Services Disclaimer
It is our intent to provide the most up-to-date and accurate information available throughout this Website and in our communications with you, however, there may be occasions where information on Pink Grape contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. Pink Grape reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted.
10. Product Colors We have made every effort to display as accurately as possible the colors of our Products that appear on the Website and/or App. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
11. Links to Other Websites and Services To the extent that this Website contains hyperlinks to outside services and resources, the availability and content of which Pink Grape does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. If a third party links to this Website, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Pink Grape. You acknowledge and agree that Pink Grape is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. PINK GRAPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
12. Indemnification Upon request of Pink Grape, you agree to defend, indemnify and hold harmless Pink Grape, its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damages, liabilities, settlement, costs or expense (including legal expenses and the expenses of other professionals) as incurred, resulting from or arising out of any claim in connection to Your Content, your use of the Website or the Services, or from your breach of this OSA. Pink Grape shall have the right to investigate, compromise, and defend any claim alleged against you that relates to this Website, the OSA or the Services offered by Pink Grape. Pink Grape shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of Pink Grape's selection without relieving you of any obligations hereunder. Any final judgment rendered against Pink Grape for any cause of action for which you are liable hereunder shall be conclusive against you as to liability and amount. Your obligations herein shall survive any termination of this OSA.
13. Termination, Surviving Obligations and Post-Termination Obligations This OSA is effective unless and until terminated by either you or Pink Grape. You may terminate this OSA at any time. Pink Grape may also terminate this OSA at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in Pink Grape's sole discretion you fail to comply with any term or provision of this OSA. Upon any termination of this OSA, the obligations stated in Sections 7, 8, 12, 13, 14 and 15 shall survive. Upon any termination of this OSA by either you or Pink Grape, you must promptly destroy all Content and other materials downloaded or otherwise obtained from this Website, as well as all copies of such Content and other materials, whether made under the terms of this OSA or otherwise
14. Governing Law and Jurisdiction This OSA and any disputes relating to this OSA, to your visit to the Website or to the products purchased through the Pink Grape will be governed and construed in all respects by the internal laws and decisions, other than conflict of laws provisions, of the State of Minnesota, including, without limitation, all matters of construction, validity, enforcement and performance. Any dispute relating in any way to this OSA, to your visit to Pink Grape or to the products you purchase through Pink Grape shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate Pink Grape's intellectual property rights, Pink Grape may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this OSA shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this OSA shall be joined to an arbitration involving any other party subject to this OSA, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Pink Grape.
Pink Grape makes no representation that Website or the Services are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
15. Miscellaneous
15.1 Entire Agreement. This OSA contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral negotiations, agreements, representations and warranties between them relating to the subject matters hereof. 15.2 Severability. If any provision of this OSA shall be held to be invalid or unenforceable in any respect, such provision shall be carried out and enforced to the extent to which it shall be valid and enforceable, and any such invalidity or unenforceability shall not affect any other provision of this OSA, all of which shall be fully carried out and enforced as if such invalid or unenforceable provision had not been set forth herein.
15.3 Assignment. Pink Grape may assign this Agreement without your consent.
15.4 Headings. The captions and headings of this OSA are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
15.5 Events Beyond Pink Grape's Control. Pink Grape shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including, without limitation, third party intermediaries to perform, continue, or renew their contractual arrangements with Pink Grape, nor inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of Pink Grape.
15.6 Pink Grape is committed to supporting modern browsers for the best experience when using pinkgrape.com. We support the following browsers:
         Microsoft® Internet Explorer® versions 9 and above
         Mozilla® Firefox®, most recent stable version
         Google Chrome™, most recent stable version
         Apple® Safari® versions 7 and above on Mac OS X
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Pink Grape Website Terms of Use
1. Terms of Use
Thank you for visiting Pink Grape's website (the "Website"). Prior to using the Website, please carefully review the following terms that govern your access and use of the Website and the Pink Grape iOS Application (the “App”) and the services it makes available (such access and use of the Website, the App, and services collectively the “Services”). The following terms also govern your purchase of printed cards, materials and other products from the Website and the App (“Products”). Pink Grape provides the Services to you, subject to the terms of this Online Service Agreement ("OSA"). Your use of Pink Grape indicates your agreement to be bound by this OSA. This OSA comprises the entire agreement between you and Pink Grape and supersedes any prior agreements between you and Pink Grape with respect to the subject matter addressed in this OSA. Pink Grape may revise this OSA at any time. All revisions to this OSA shall be effective immediately upon posting such revisions at www.Pink Grape/terms. You agree to review the OSA periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 13 (Termination) below. Your continued use of this Website and the Services following posting of any revised OSA shall be conclusively deemed to be acceptance of all such revisions. The term "Pink Grape" used in this OSA means Pink Grape Cards, Inc.
2. Privacy
Any information you provide to us is subject to Pink Grape's privacy policy ("Privacy Policy") as set forth at http://pinkgrape.com/privacy. Please carefully review our Privacy Policy.
3. Service Terms
3.1 Pink Grape Content, Copyrighted Works and Trademarks. The contents of this Website, including, but not limited to, products, font, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, digital downloads, data compilations, software and written and other materials (collectively, "Content") is owned, licensed or controlled by Pink Grape or its third party suppliers, and is protected by United States and international copyright, trademark and/or other intellectual property law. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Website are registered and unregistered Trademarks owned by Pink Grape, its licensees or its third party suppliers. Under no circumstances may you use or copy any of the Trademarks. You may not frame or utilize framing techniques to enclose any Trademarks, brand names or other trademarks or use any meta tags or other hidden text to capture the same without the express written permission of Pink Grape.
3.2 Use of Services. Pink Grape grants you a limited, non-transferable license to access and use the Services, specifically including this Website and the Content, for your own use in connection with the Services subject to the terms of this OSA. Pink Grape permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Pink Grape or third parties (collectively, "Rights"). These Rights are valid and protected in all media existing now or later developed and, except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws as well as the terms of this OSA. Except as expressly allowed in Section 4 below (relating to Pink Grape's Personalization Service), you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific written permission of Pink Grape. Pink Grape grants you a limited, non-transferable license to access and use this Website, but does not permit you to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pink Grape, or where expressly permitted.
3.3 Prohibited Use of Website. You will not sell, redistribute or sublicense access to or use of the Website or the App Content or Services. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. You will not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website, the App, the Services and/or the Products, or any portion of any of the foregoing, without the express written consent of Pink Grape. You agree not to interfere, disrupt, or attempt to gain unauthorized access to other accounts that use this Website, App, or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by the Pink Grape to be in conflict with the spirit or intent of this OSA. You further agree not to use this Website or the Services provided on this Website to do any of the following:
(a) upload, post, order for print, email, share with others or otherwise transmit or communicate any material or content that is obscene, offensive, blasphemous, pornographic, unlawful, threatens another person or entity, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
(b) upload, post, order for print, email, share with others or otherwise transmit or communicate any material or content that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes the copyright, trademark, patent or other intellectual property or any moral right of any party;
(c) to harm minors in any way, including, but not limited to, content that violates child pornography or exploitation laws;
(d) attempt to upload images by any method to another user's account without permission;
(e) resell the Services offered or any portion of the Services;
(f) impersonate another user of this Website including an employee of Pink Grape;
(g) violate any local, state, or federal law;
(h) interfere with the operation of Pink Grape's servers or other computers or Internet or network connections;
(i) upload, post or transmit any unsolicited or unauthorized advertising, including spam; or
(j) alter, damage or delete any content or other communications that is not your own or otherwise interfere with the ability of others to access this Website or App
If Pink Grape is notified of any of the above violations, Pink Grape may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website and/or App. Pink Grape may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website and/or App; and/or (iii) to protect the rights or property of Pink Grape and its officers, directors, employees, affiliates, agents, third-party content providers, merchants, sponsors, and licensors and any other user.
Pink Grape reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, or any rights of Pink Grape. Pink Grape reserves the right to exercise whatever means necessary to prevent unauthorized access to the Services, including, but not exclusive to, technological barriers, IP mapping, and direct contact with your Internet Service Provider ("ISP"). Pink Grape reserves the right to terminate your membership if it determines in its sole discretion that you have engaged in any conduct prohibited by this OSA. Pink Grape may also implement certain technical barriers to prevent banished members from returning to the Website and/or App. Pink Grape shall not assume liability for any action or inaction with respect to any conduct, communication, or content on the Website and/or App.
4. Pink Grape Personalization Service. As part of your limited license to use the Services on this Website and/or App, you may register to use the Pink Grape Personalization Service to create your own personalized Products and e-cards that may be e-mailed, shared with others, or downloaded and saved by you (all in a locked format to be determined by Pink Grape) that incorporate images and content you submit to the Website and/or App.
4.1 Your Content– Rights and Responsibilities. You may submit to the Website and/or App in connection with the Pink Grape Personalization Service your images and content, including without limitation, photographs, images, text, graphics, visuals, data and other information (collectively “Your Content”). Pink Grape does not claim ownership rights in Your Content uploaded by you for use in connection with the Services and Products provided. In order to enable Pink Grape to display Your Content through the Services and fulfill any orders placed by you, you grant Pink Grape a non-exclusive, royalty-free license to use, copy, distribute and display Your Content solely in connection with the Services you use and/or Products you purchase. You are responsible for all of Your Content that you upload, share or copy using the Services. You must either own all right, title and interest in and to the copyrights in Your Content or have express permission from the copyright owner to copy and use Your Content for all purposes related to the Services and/or Products you purchase. Your Content must not violate or infringe upon the rights (including other intellectual property rights, privacy, publicity or moral rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources are protected by copyright and should not be uploaded, shared or copied using the Services.
4.2 Your Representations and Warranties. By submitting Your Content to this Website, you agree, represent and warrant that: (a) you own or otherwise have the right to use Your Content you submit or post to or through this Website; (b) use of Your Content does not infringe on the rights of others or cause injury to any person or entity; (c) Your Content does not violate the terms of this OSA; and (d) you will defend and indemnify Pink Grape for any and all claims resulting from Your Content in accordance with Section 12 below. You further agree that, except as permitted by the limited license to use the Pink Grape Personalization Service, you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any Content from the Website and/or App.
5. Member Conduct and Communication
5.1 General. Pink Grape has the right (but not the obligation) to monitor your use of the Website and/or App for adherence to this OSA. You agree to use Pink Grape solely for lawful purposes. Any conduct by you that, in Pink Grape's sole discretion, restricts or inhibits any other person or entity from using or enjoying the Website, the App, or the Services, will not be permitted and shall entitle Pink Grape to immediately terminate your membership without notice.
5.2 Information provided by You. You agree that any information you provide to Pink Grape is truthful and accurate. You acknowledge that Pink Grape does not pre-screen Your Content or content submitted by users, but that Pink Grape shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is made available to it on the Website and/or App by any user that violates this OSA or is otherwise objectionable. You also acknowledge and agree that Pink Grape may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this OSA; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pink Grape, its users and the public.
5.3 User Information. You agree that Pink Grape may use or disclose information about your demographics and use of the Website in any manner in accordance with the Pink Grape's Privacy Policy (http://Pinkgrape/privacy.) By participating in Pink Grape's promotions or requesting promotional information or product updates, you agree that Pink Grape may use your information for marketing and promotional purposes.
5.4 Pink Grape's Communications with you. You agree that Pink Grape may send electronic mail to you for the purpose of advising you of upcoming events in your calendar, changes or additions to this Website, about any of Pink Grape's Products or Services, or for such other purpose(s) as Pink Grape deems appropriate.
5.5 User Comments, Feedback and Submissions. Pink Grape welcomes comments regarding the Website, the App and Services. However, it is Pink Grape's policy not to accept or consider creative ideas, suggestions or materials other than those specifically requested by Pink Grape. It is our hope that you will understand the intent of this policy is to avoid misunderstandings if projects developed by Pink Grape (or its third party vendors or suppliers) are similar to someone else's creative work. Accordingly, we request that you not send us any such ideas. If, despite our request, you send us comments, feedback, postcards, creative suggestions, ideas, notes, photos, drawings, concepts or other information or submissions (collectively, the "Comments"), the action of sending such Comments to Pink Grape shall constitute an assignment to Pink Grape of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. As such, you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Comments. Thus, Pink Grape will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Pink Grape is and shall be under no obligation to (a) maintain any Comments in confidence; (b) pay to user any compensation for any Comments; or (c) respond to any user Comments.
5.6 Copyright Agent. Pink Grape values the intellectual property rights of others. If you believe that your work or Your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Pink Grape's Copyright Agent and provide a description of the copyrighted material that you believe is infringed, including how you believe it was infringed, a URL from the Website where the work appears, and your contact information.
6. CONDITIONS OF SALE
6.1 Payment Terms. The prices displayed within this Website are quoted in U.S. Dollars. Payment must be made at the time of purchase and on a yearly basis as stated on the Website and/or in the App.
6.2. Apple iTunes Store Purchases. By making an in-app purchase you agree to Apple's terms and conditions for iTunes Store in-app purchases. http://www.apple.com/legal/itunes/volume/jpen/terms.html
6.3. Credit Card Payment. By making a purchase on Pink Grape you agree that you are authorized to use the credit card presented as a method of payment. Prior to the purchase of any products on the Website and/or App, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. If Pink Grape does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Pink Grape or its agents.
6.4 Shipping Terms. Loss or damage that occurs during shipping is not Pink Grape's responsibility. Shipping dates are estimates only.
6.5 Our return policy applies to our Products that are personalized by you and printed by us. In the event Pink Grape makes an error with respect to the Products you order (without any error by you) then you may contact us and we will re-design and/or re-print for you at no additional cost. In the event you make the error, then Pink Grape shall have the right to re-charge you for the requested correction up to the full amount of the initial charge. Your order for Products is subject to cancellation by Pink Grape at its sole discretion; in the event you pay for Products and Pink Grape cancels the order you paid for before you receive it, then Pink Grape will refund to you the dollar amount of the Products paid by you that were cancelled by Pink Grape. In the event you cancel Products after ordering, your payment is non-refundable if Pink Grape has already processed your Product(s) for printing or design.
6.6 Custom Designs. The following terms govern your purchase of any custom Products and Services ("Custom Design"). Custom Design consists of a non-refundable, one-time design and administrative cost associated with the Products plus an on-going monthly subscription cost for ongoing Services. The monthly subscription cost will be automatically debited from your designated account on the 1st of every month. You may cancel your subscription to Custom Design at any time during the month and will not have to pay for future months, but will not be refunded the monthly subscription fee for that month. Once your subscription is canceled, your Custom Design will be removed from the App and Website and can no longer be used by you.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL PINK GRAPE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR CONTENT IN THIS WEBSITE, EVEN IF PINK GRAPE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PINK GRAPE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
8. DISCLAIMER OF WARRANTIES
THE SERVICES IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PINK GRAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PINK GRAPE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINK GRAPE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT PINK GRAPE) ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, AND THAT PINK GRAPE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. Product and Services Disclaimer
It is our intent to provide the most up-to-date and accurate information available throughout this Website and in our communications with you, however, there may be occasions where information on Pink Grape contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. Pink Grape reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted.
10. Product Colors We have made every effort to display as accurately as possible the colors of our Products that appear on the Website and/or App. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
11. Links to Other Websites and Services To the extent that this Website contains hyperlinks to outside services and resources, the availability and content of which Pink Grape does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. If a third party links to this Website, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Pink Grape. You acknowledge and agree that Pink Grape is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. PINK GRAPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
12. Indemnification Upon request of Pink Grape, you agree to defend, indemnify and hold harmless Pink Grape, its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damages, liabilities, settlement, costs or expense (including legal expenses and the expenses of other professionals) as incurred, resulting from or arising out of any claim in connection to Your Content, your use of the Website or the Services, or from your breach of this OSA. Pink Grape shall have the right to investigate, compromise, and defend any claim alleged against you that relates to this Website, the OSA or the Services offered by Pink Grape. Pink Grape shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of Pink Grape's selection without relieving you of any obligations hereunder. Any final judgment rendered against Pink Grape for any cause of action for which you are liable hereunder shall be conclusive against you as to liability and amount. Your obligations herein shall survive any termination of this OSA.
13. Termination, Surviving Obligations and Post-Termination Obligations This OSA is effective unless and until terminated by either you or Pink Grape. You may terminate this OSA at any time. Pink Grape may also terminate this OSA at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in Pink Grape's sole discretion you fail to comply with any term or provision of this OSA. Upon any termination of this OSA, the obligations stated in Sections 7, 8, 12, 13, 14 and 15 shall survive. Upon any termination of this OSA by either you or Pink Grape, you must promptly destroy all Content and other materials downloaded or otherwise obtained from this Website, as well as all copies of such Content and other materials, whether made under the terms of this OSA or otherwise
14. Governing Law and Jurisdiction This OSA and any disputes relating to this OSA, to your visit to the Website or to the products purchased through the Pink Grape will be governed and construed in all respects by the internal laws and decisions, other than conflict of laws provisions, of the State of Minnesota, including, without limitation, all matters of construction, validity, enforcement and performance. Any dispute relating in any way to this OSA, to your visit to Pink Grape or to the products you purchase through Pink Grape shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate Pink Grape's intellectual property rights, Pink Grape may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this OSA shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this OSA shall be joined to an arbitration involving any other party subject to this OSA, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Pink Grape.
Pink Grape makes no representation that Website or the Services are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
15. Miscellaneous
15.1 Entire Agreement. This OSA contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral negotiations, agreements, representations and warranties between them relating to the subject matters hereof. 15.2 Severability. If any provision of this OSA shall be held to be invalid or unenforceable in any respect, such provision shall be carried out and enforced to the extent to which it shall be valid and enforceable, and any such invalidity or unenforceability shall not affect any other provision of this OSA, all of which shall be fully carried out and enforced as if such invalid or unenforceable provision had not been set forth herein.
15.3 Assignment. Pink Grape may assign this Agreement without your consent.
15.4 Headings. The captions and headings of this OSA are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
15.5 Events Beyond Pink Grape's Control. Pink Grape shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including, without limitation, third party intermediaries to perform, continue, or renew their contractual arrangements with Pink Grape, nor inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of Pink Grape.
15.6 Pink Grape is committed to supporting modern browsers for the best experience when using pinkgrape.com. We support the following browsers:
         Microsoft® Internet Explorer® versions 9 and above
         Mozilla® Firefox®, most recent stable version
         Google Chrome™, most recent stable version
         Apple® Safari® versions 7 and above on Mac OS X