Last Updated: August 14, 2017
Thank you for using Pink Technologies - the service that connects you with [Pink Technologies Guests] to attend your event or venue brought to you by Pink Technologies, Inc. (“Pink Technologies,” “we,” “us,” or “our”).
These Terms of Service (“Terms”) apply to your access and use of the Pink Technologies mobile application (the “App”), our website located at https://www.pink.io (the “Site”) and other products and services provided by Pink Technologies (collectively with the App and the Site, the “Pink Technologies Services”) of Pink Technologies.
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE Pink Technologies SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW INCLUDING YOUR AGREEMENT TO SUBMIT DISPUTES TO BINDING ARBITRATION. Please read all of the terms before you use the Pink Technologies Services. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Pink Technologies Services. You must be at least 18 years old to use the Pink Technologies Services.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Pink Technologies Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
Through the Pink Technologies Services, you can be connected with individuals (each, a “Pink Technologies Guest”) to, for example, attend your event, create a crowd at your venue, or audition for a production (each, an “Event”). When you request Pink Technologies Guests for a particular Event (each, a “Request”), you will log-in to the app, browse available Guests and their specified Rates, and specify which Guests you would like to attend, the date, time and place of the Event, and any additional criteria. Alternatively, you may request that Pink Technologies select the Guests on your behalf. If the Guest accepts your request, they will attend at the appropriate time and location provided in the Event Request. Through geolocation technology, we verify whether the Pink Technologies Guest actually lives up to his or her promise to attend the Event.
Please report any behavior by a Pink Technologies Guest that concerns you to us at: firstname.lastname@example.org.
For more information about the Pink Technologies Services, please see our Frequently Asked Questions at https://www.pink.io/faq.
To use the Pink Technologies Services, you will need to create an account, and if you are creating an account for a business, you represent and warrant that you have the authority to create and use the account on behalf of that business. You will need to provide us with your contact information, as well as billing information that is requested, which may include credit card information. If you discover or suspect any security breach of the Pink Technologies Services, please let us know as soon as possible. You represent and warrant to us that you are at least 18 years old and that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. Pink Technologies reserves the right to deny any account at its discretion. You promise to update the information you have provided to Pink Technologies in the event of any changes to your contact information. In addition, factors such as number of Events, availability of users already using the Platform, and size of user base can affect a person’s ability to create an account. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure.
When you submit a request for Pink Technologies Guest, you will provide to Pink Technologies an Event Order that will include a minimum and maximum budget for the event and a desired number of attendees for that Event with a minimum and maximum range designating the number of attendees in the Casting Description. You will also provide to Pink Technologies a detailed description of the type or attendees based on age, gender, location, skills, interests, or other characteristics or qualities that you deem desirable for your event. You will then select from Pink’s database which Guests you would like to attend, and accept or decline the Rate specified on their profile for your Event. Pink Technologies will make best efforts to fulfill your requests, but based on availability, we may provide fewer than the requested minimum, but no more than the maximum. If you agree to allow for overcasting of your event, Pink Technologies reserves the right to charge you more than the Base Fee.
The credit card account provided by you must contain an accurate name, credit card number and billing address. Prior to the Event, we may pre-authorize or bill the credit card an amount equal to the Total Fees as described in the Event Order. Any applicable adjustments will be billed or credited to your credit card after the Event.
When advertising an event, should you promise Pink Technologies Guests food, drinks or other amenities (“Pink Technologies Guest Benefits”) and fail to provide the same or Pink Technologies receives complaints as to the quality of the Pink Technologies Guest Benefits, Pink Technologies reserves the right to charge you a fee which will be paid to the Pink Technologies Guest(s) (the “Benefits Fee”) to compensate him or her for your failure to provide promised benefits. Pink Technologies reserves the right to determine the amount of the Benefits Fee commensurate with the promised Pink Technologies Guest Benefits. If you advertise that named celebrities will attend or perform at an event and such celebrities are not present, Pink Technologies may charge you an extra fee to compensate Pink Technologies Guests.
You may not deduct payments or dispute payment amount if you subjectively do not approve of the quality or individual personality traits of any Pink Technologies attendees. All Pink Technologies attendees that are cast must be allowed into the venue and provided amenities as described in the Event Order. In the event that a Pink Technologies Guest is rejected by a doorman, employee, server, host, or otherwise unable to enter an event or venue due to no fault of the Pink Technologies Guest, but has been cast by Pink Technologies, the full Pink Technologies Fee is due and payable as Pink Technologies has already arranged for payment and provided its services. If you cancel the Event more than 24 hours prior to the scheduled time of the Event, your credit card account will be charged 50% of the Pink Technologies Fee. If you cancel the Event, for any reason, less than 24 hours before the scheduled time of the Event, your credit card account will be charged the full amount of the Pink Technologies Fee.
Pink Technologies does not have any control over the environment of your Event and does not evaluate or investigate the physical or environmental elements related to your Event. You agree that you will provide a safe environment at your Event for Pink Technologies Guests, and you will not knowingly or negligently create or include any physical hazards at the Event. You will not ask or encourage any Pink Technologies Guest to perform any action that is illegal, unethical, immoral, abusive, offensive or hateful. You retain any and all responsibility and liability for any injury, illness, death, loss of property or any other damage that may be suffered by a Pink Technologies Guest at your Event. Under your reasonable and responsible care and authority, and subject to prevailing local laws, there is the potential that alcoholic beverages may be served or sold at your Event. Pink Technologies has no ability or authority to monitor what or how much alcohol or other substance is served to, sold to, or consumed by any Pink Technologies Guest or other attendee at your Event.
Pink Technologies is not meant to be a dating or matchmaking service. Creating an Event that is meant, in whole or in part, to provide you and your Event’s attendees with access to potential dates or romantic partners must be fully and clearly disclosed to all parties involved prior to the casting of Pink Technologies Guests. The information that Pink Technologies Guests will be in attendance and financially incentivized must be disclosed to all other participants of the Event. Any unlawful, dangerous, or inappropriate behavior may result in our terminating your account and access to the Pink Technologies Services, in our sole discretion.
Pink Technologies does not intend to appoint you or any of your employees or agents as a Pink Technologies employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Pink Technologies and Pink Technologies will not make commitments on your behalf, except as contemplated by the Pink Technologies Services or expressly stated in these Terms.
PINK TECHNOLOGIES HAS NO LIABILITY TO YOU, ANY PINK TECHNOLOGIESGUEST, OR ANY ATTENDEES FOR ANY INJURY, ILLNESS, DEATH OR LOSS OF PROPERTY, OR ANY OTHER DAMAGE OCCURRING AT OR RELATING TO YOUR EVENT, DIRECTLY OR INDIRECTLY, INCLUDING INJURY, ILLNESS, DEATH, LOSS OF PROPERTY OR ANY OTHER DAMAGE CAUSED BY OR ARISING OUT OF THE ACTIONS BY ANY Pink TECHNOLOGIES GUEST. YOU HEREBY FULLY RELEASE PINK TECHNOLOGIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO YOUR EVENTS, INCLUDING ANY INJURY, ILLNESS, DEATH OR LOSS OF PROPERTY CAUSED BY ANYONE (INCLUDING ANY PINK TECHNOLOGIES GUEST) AT YOUR EVENT OR ON YOUR PREMISES.
You acknowledge that you (and the owner of the property at which your Event is held, if applicable) retain any and all liability that may attach to you under the applicable laws of your jurisdiction pertaining to the sale or service of alcoholic beverages to any persons on the premises at which your Event is being held, including for any acts, events, or circumstances that result from the sale or service of alcohol to any attendee, including any Pink Technologies Guest, of your Event.
On the condition that you fully comply with these Terms, Pink Technologies grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Pink Technologies Services for your own personal, non-commercial use and you may not resell the Pink Technologies Services. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Pink Technologies that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Pink Technologies Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Pink Technologies Services, (c) disassemble, decompile or reverse engineer any of the software components of the Pink Technologies Services, (d) copy, frame or mirror any part of the Pink Technologies Services, (e) interfere with or disrupt the integrity or performance of the Pink Technologies Services, or (f) attempt to gain unauthorized access to the Pink Technologies Services or its related systems or networks.
You may not assert, post or otherwise make available on or through the Pink Technologies Services any of the following:
Also, you may not do any of the following in connection with the Pink Technologies Services or other users:
As between you and Pink Technologies, all information, materials and content of the Pink Technologies Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Pink Technologies or is used with permission. When you create, share, link to, or otherwise make available any information about an Event, or other content (“User Content”), you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Pink Technologies Services. Pink Technologies reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of Pink Technologies any and all moral rights that you may possess in or to any Requests, questions or responses that you submit or post on or through the Pink Technologies Services.
Any suggestions, comments or other feedback you give us about the Pink Technologies Services (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
EXCEPT AS REQUIRED OTHERWISE OF PINK TECHNOLOGIES BY APPLICABLE LAW, THE PINK TECHNOLOGIES SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING ANY USER CONTENT) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE PINK TECHNOLOGIES SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PINK TECHNOLOGIES SERVICES (INCLUDING ANY USER CONTENT).
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PINK TECHNOLOGIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE PINK TECHNOLOGIES SERVICES (INCLUDING THE APP AND ANY USER CONTENT), EVENTS, AN EVENT ORGANIZER’S CONDUCT, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF PINK TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF PINK TECHNOLOGIES AND ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS TO YOU WILL NOT EXCEED USD$100.00.
Pink Technologies provides the Pink Technologies Services to allow Event Organizers and Pink Technologies Guests to connect in an easy and efficient way. Except as expressly provided in these Terms, Pink Technologies and the Pink Technologies Guest(s) do not intend to take liability with respect to your use of the Pink Technologies Services. AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST PINK TECHNOLOGIES AND ITS DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “PINK TECHNOLOGIES PARTIES”) AND THE PINK TECHNOLOGIES GUEST(S) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PINK TECHNOLOGIES SERVICES INCLUDING, WITHOUT LIMITATION, IN THE CASE OF THE PINK TECHNOLOGIES PARTIES, ANY ACTIONS OR INACTION OF THE PINK TECHNOLOGIES GUEST(S). YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to: (a) any of your conduct with respect to the Pink Technologies Services, (b) your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Pink Technologies account or who attends your Event or (c) any damages alleged or suffered by Pink Technologies Guests at your Event(s).
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third party software.
Pink Technologies reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Pink Technologies Services and/or any features, information, materials or content on the Pink Technologies Services with or without providing notice to you. Pink Technologies will not be liable to you or any third party for any changes or discontinuance of the Pink Technologies Services or any part of the Pink Technologies Services.
By using the Pink Technologies Services, you agree that we may communicate with you electronically regarding your use of the Pink Technologies Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at email@example.com.
Pink Technologies may suspend or terminate your rights to access or use the Pink Technologies Services (including the App) for any reason or for no reason at all and with or without notice at Pink Technologies’ discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension. Termination of access to the Pink Technologies Services will not release either party from any obligations incurred prior to the termination and Pink Technologies may retain and continue to use for its own internal purposes any information previously provided by you.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PINK TECHNOLOGIES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PINK TECHNOLOGIES.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Pink Technologies Services, you and Pink Technologies agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the JAMS/Endispute (“JAMS”) in Los Angeles, California. Both you and Pink Technologies both give up the right to litigate disputes and may not proceed to arbitration without first trying meditation, but you and Pink Technologies are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Pink Technologies will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Los Angeles, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Pink Technologies Services.
Enforcement of these Terms is solely at Pink Technologies’ discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Pink Technologies Services and the Pink Technologies Services, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at firstname.lastname@example.org or send a letter to:
Pink Technologies, Inc.
10250 Constellation Blvd., Suite 200
Los Angeles, CA 90067
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. (“Apple”) and its subsidiaries are third-party beneficiaries of these Terms and further that (a) upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party; (b) these Terms are between you and Pink Technologies only, and not Apple; (c) Pink Technologies, and not Apple, is solely responsible for the App and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the App; and Pink Technologies, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty; (f) in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.