Pink Cat Studio Terms of Service
BY USING PinkCatStudio.com, YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE PinkCatStudio.com. We reserve the right, at our discretion, to change these terms at any time. Please check these terms periodically for changes. Using PinkCatStudio.com following the posting of changes to these terms indicates that you accept them as changed.
This website is owned and operated by Pink Cat Studio. Please feel free to use PinkCatStudio.com subject to these terms and conditions.
Use of the PinkCatStudio.com website and its content
The contents of PinkCatStudio.com, including the text, graphics, images, information, and other materials contained on PinkCatStudio.com (“Content”) are for general informational purposes only. Such Content is provided on a blind-basis, without any knowledge as to your identity, jurisdiction, medical condition or specific circumstances.
We may alter, suspend, or discontinue PinkCatStudio.com, or any content in it, at any time for any reason, without notice or cost. The website may become unavailable due to maintenance or malfunction of computer equipment or other reasons. We may also elect, at any time upon notice, to begin to impose fees or charges for access or use of PinkCatStudio.com.
Registration and Privacy
PinkCatStudio.com’s Proprietary Rights
PinkCatStudio.com and its content are the property of Pink Cat Studio and are protected from unauthorized copying and dissemination by Canadian and International copyright law, trademark law, international conventions and other intellectual property laws.
No portion of a Pink Cat Studio game or other activity may be: (a) displayed in whole or in part within a frame on another website; (b) included or distributed in a print publication (paid or free); (c) added to any other server; or (d) resold in any manner. Pink Cat Studio will take legal action against any entity taking any of the above actions.
No part of PinkCatStudio.com may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording.
Nothing contained on PinkCatStudio.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use PinkCatStudio.com or any information or documents displayed on PinkCatStudio.com, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Pink Cat Studio or such third party that may own the trademark or copyright of material displayed on PinkCatStudio.com.
You may not republish, upload, post, transmit or distribute content from PinkCatStudio.com to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and may subject you to legal liability.
In addition, in connection with your use of PinkCatStudio.com, you agree not to:
1. Post, disseminate, or transmit any Content that is or which we consider, in our sole discretion, unlawful, harassing, defamatory, abusive, threatening, vulgar, obscene, pornographic, harmful, tortuous, libelous, racist, violent or otherwise objectionable;
2. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
3. Use the Site for any unlawful or illegal purpose or in violation of any of the rules herein;
4. Display material that exploits children under 18 years of age;
5. Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
6. Express or imply that any statements you make are endorsed by us, without our prior written consent;
7. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
8. “Frame” or “mirror” any part of the Site without our prior written authorization;
9. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
10. Harvest or collect information about visitors to the Site without their express consent.
11. Post, disseminate, or transmit any Content that infringes or violates the copyright, trademark, trade secret, patent, or other proprietary right of any other third party, or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
12. Post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
13. Post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
14. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;
15. Post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
16. Promote, solicit or participate in multi-level marketing or pyramid schemes;
17. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
18. Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
19. Electronically stalk or otherwise harass another user;
20. Collect or store personal data about other users;
21. Engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
User Content and Correspondence
You acknowledge that PinkCatStudio.com does not generally prescreen quiz content, but that PinkCatStudio.com and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any quiz content that is available via the website. PinkCatStudio.com reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, Pink Cat Studio and its designees will have the right to remove any quiz content that violates the Agreement or that Pink Cat Studio considers, in its sole discretion, objectionable, whether for legal or for other reasons.
By posting Content to the Site or by transmitting Content using the Site, you (a) represent and warrant to PinkCatStudio.com that you have all necessary permission to post or transmit Content; and (b) grant to PinkCatStudio.com a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free 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. You further agree to waive, to the extent legally permissible, any moral rights in any jurisdictions relating to such Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to PinkCatStudio.com regarding the Site, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights. PinkCatStudio.com will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials. Furthermore, PinkCatStudio.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to PinkCatStudio.com, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, PINK CAT STUDIO DOES NOT WARRANT THAT: (i) THE INFORMATION ON PinkCatStudio.com IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON PinkCatStudio.com WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) PinkCatStudio.com OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PinkCatStudio.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PinkCatStudio.com OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED HEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the website could include inaccuracies or errors, or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made to the website by third parties. Although we attempt to ensure the integrity of our website and other products and services, we make no guarantees as to the completeness or correctness of any content on the website. In the event that such a situation arises, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Limitation of Liability
NEITHER PINK CAT STUDIO NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH PinkCatStudio.com. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO PinkCatStudio.com FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of this Agreement; (b) your use of PinkCatStudio.com; or (c) your violation of the rights of any third party.
You understand and agree that Pink Cat Studio may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other agreements or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) technical difficulties.
In order to create quizzes on PinkCatStudio.com, you are required to create an account by completing a registration process and providing complete and accurate information on the registration form. You will be asked to provide a user name, email and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of someone else at any time. You may not authorize any other person or organization to access your account. You agree to notify Pink Cat Studio immediately about any unauthorized use of your account, user name, or password. Pink Cat Studio shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Pink Cat Studio, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Compliance with Intellectual Property Laws
When accessing the quiz content or website, you agree to obey the law and to respect the intellectual property rights of others. Your use of the quiz content and website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you download or transmit. The burden of proving that any quiz content does not violate any laws or third party rights rests solely with you.
Pink Cat Studio reserves the right to terminate your Membership, use of Content, and/or use of the Site. You agree that Pink Cat Studio or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Membership, Content, or Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your Membership and your access to the Content or Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with use of the Membership, Content, or Site by others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pink Cat Studio infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH COMPANY, INCLUDING THE MEMBERSHIP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP, CONTENT OR SITE IS TO STOP USING THEM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE MEMBERSHIP IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Membership, Content, or Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your Membership, of any intellectual property or other right of any third party.
Company may, in its sole discretion and without prior notice, revise these Terms of Service or modify the Site and its related services. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Membership or Site following notice of any revision, you shall abide by any such revision.
This Agreement, together with all PinkCatStudio.com policies referred to herein, constitutes the entire agreement between you and PinkCatStudio.com relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. This Agreement and the relationship between you and PinkCatStudio.com are governed by and construed in accordance with the laws of the Province of British Columbia and the country of Canada, without regard to its principles of conflict of laws. You and PinkCatStudio.com agree to submit to the personal and exclusive jurisdiction of the federal and provincial courts located within British Columbia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
BY USING PinkCatStudio.com, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.