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User Terms of Service

PINK TECHNOLOGIES TERMS OF SERVICE

Last Revised: August 14, 2017

Welcome to Pink Technologies -- the service from Pink Technologies, INC. (“Pink Technologies,” “we,” “us” or “our”) that directly connects you with event organizers and others who are looking for a crowd.

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”), our proprietary platform that powers the services (the “Platform”) and other online products and services (collectively with the App and the Site, the “Pink Technologies Services”) of Pink Technologies.

Accepting these Terms

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.

Modifications

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 or as our Platform adapts to changes in the market and our user base. If we make changes, we will notify you by revising the date at the top of the Terms 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.

Privacy Policy

For information about how we collect, use and share information about users of the Pink Technologies Services, please see our Privacy Policy at https://www.pink.io/privacy-policy.

Description of the Services

Through the Pink Technologies Services, you can be connected with venues, casting agencies, productions, and others (each, an “Event Organizer”) who may need multiple people to serve as a crowd of attendees or audition for a production (each, an “Event”). When an Event Organizer requests Guests for its particular Event, it will specify the number of people requested, the date, time and place of the Event, and additional criteria it seeks for each Guest. If your profile indicates that you meet the specifications and criteria of the Event Organizer, you will receive a notification through the App or the Site of the Event. You may hit “I’m Available” or a variation to indicate that you are willing to attend that Event in exchange for the compensation stated in the invitation. If you cancel or do not check in via the App for the Event that you have agreed to attend, we may suspend your access to and use of the Pink Technologies Services, in our sole discretion.

You and other users of the Pink Technologies Services are each deemed a “Pink Technologies Guest.” Please report any behavior by an Event Organizer or Pink Technologies Guest that concerns you to us at support@Pink.io.

Creating Accounts

To use the Pink Technologies Services, you will need to create an account. You can login through your Instagram account. When you create an account, you may elect to allow Pink Technologies to access certain elements of your Instagram account, such as your Likes, photos, contacts, and other information, which may be used to evaluate your eligibility for an Event. You are responsible for all activity performed through your account and accept all risk that someone may access your account without your permission. If you discover or suspect any security breach of the Pink Technologies Services, please let us know as soon as possible. By creating an account with Pink Technologies, you represent and warrant to us that you are at least 21 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 individual an account at our 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.

Payment for Attending Events

You must maintain and provide at all times complete and accurate information for your deposit accounts such as PayPal, bank account or other similar payment platforms which Pink Technologies has approved and we will have no liability to you for your failure to maintain complete and accurate payment information. You will receive the applicable Event Payment upon verification of attendance for the full duration of the event. We achieve this via various mechanisms including geolocation information collected by the App from your mobile device and manual attendance verification. It is important that you maintain your mobile device powered and with you while attending an Event. If an Event is canceled, Pink Technologies is under no obligation to pay you. If you leave an Event for any reason prior to conclusion, you will not be paid for that Event. If you leave an Event early due to a safety concern, please contact us.

No Agency

Pink Technologies does not intend to appoint you or any other Pink Technologies Guest as its 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.

Right to Use the Pink Technologies Services

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. However, the App may only be used on mobile devices that you control and each Pink Technologies Guest can only access their own Pink Technologies account in order to check in at an Event. It is the responsibility of each Pink Technologies Guest to ensure that their account is controlled by only them at all times. 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.

Prohibited Use of the Pink Technologies Services

You may not do any of the following in connection with the Pink Technologies Services or other users:

  • Use the Pink Technologies Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Pink Technologies Services or that could damage, disable, overburden or impair the functioning of the Pink Technologies Services;
  • Collect any personal information about other users;
  • Intimidate, threaten, stalk, bully or otherwise harass other users;
  • Create an account if you are not over 18 years of age;
  • Use the Pink Technologies Services as a platform for dating or matchmaking services or any other purpose except for being cast as a part of a crowd;
  • Use the Pink Technologies Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Pink Technologies Services, its users, or third parties.
Prohibited Activities at an Event

You are prohibited from engaging in the following, and any allegation that you have done so at an Event may result in your account and access to the Pink Technologies Services being terminated:

  • The unauthorized use, possession, manufacture, distribution or sale of an illegal drug, controlled substance or drug paraphernalia at an Event;
  • Engaging in illegal solicitation or pandering;
  • Attending an Event while under the influence of illegal drugs or a controlled substance whose use is unauthorized.

You are expected to use common sense and to know your own limits pertaining to the consumption of alcohol. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO CONSUME ALCOHOL AT AN EVENT IS SOLELY A PERSONAL DECISION AND YOU ASSUME ALL RISKS, AND ACCEPT FULL RESPONSIBILITY, FOR YOUR CONSUMPTION OF ALCOHOL.

Release of Liability

YOU VOLUNTARILY ATTEND ANY EVENT, WITH KNOWLEDGE OF ANY DANGER OR HAZARDOUS ACTIVITIES INVOLVED, AND HEREBY ACCEPT ANY AND ALL ASSOCIATED RISKS. YOU FURTHER RELEASE (BOTH ON BEHALF OF YOU AND YOUR FAMILY, FRIENDS, HEIRS, EXECUTORS, AND PERSONAL REPRESENTATIVES), PINK TECHNOLOGIES, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), FROM AND AGAINST ANY LOSS (WHETHER OF WAGES OR OTHER EARNINGS, CONSORTIUM OR OTHERWISE), INJURY, DISABILITY, DEATH, COST, EXPENSE, DAMAGE (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL AND/OR OTHERWISE) OR OTHER CLAIM OF ANY KIND WHATSOEVER (COLLECTIVELY, “CLAIMS”) DIRECTLY OR INDIRECTLY ARISING OR RESULTING FROM, OR OTHERWISE RELATING TO, YOUR ATTENDANCE AT AN EVENT. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL DEMANDS, SUITS, PROCEEDINGS, ACTIONS, JUDGMENTS AND OTHER CLAIMS OF ANY KIND WHATSOEVER THAT ANY OF THEM MAY SUFFER OR INCUR, DIRECTLY OR INDIRECTLY, ARISING OR RESULTING FROM, OR OTHERWISE RELATING TO, YOUR ATTENDANCE AT AN EVENT OR ANY RESULTING OR RELATED ACTS, EVENTS OR CIRCUMSTANCES. YOU ACKNOWLEDGE THAT Pink Technologies DOES NOT OWN, ENDORSE OR CONTROL ANY EVENT POSTING AND ALL EVENT POSTINGS ARE ENDORSED BY THE PRODUCER OF SUCH EVENT.

Disputes between You and an Event Organizer

Your use of the Pink Technologies Services is at your own risk. Pink Technologies is not responsible or liable for the conduct of, or your interactions with, any other users or Event Organizers (or their employees, contractors, or other event Guests) or for any related damage or harm. The Pink Technologies Services are merely a neutral means of connecting you with Event Organizers. Any dispute that you may have regarding the conduct of any Event Organizer or the quality or characteristics of an Event is between you and the applicable Event Organizer.

Reporting and Removal

Pink Technologies users may report content to Pink Technologies that they think violates these Terms, and Pink Technologies may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.

Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Pink Technologies has adopted a policy of terminating, in appropriate circumstances and at Pink Technologies’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Pink Technologies may also at its sole discretion limit access to the Pink Technologies Services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Pink Technologies Services infringes upon any copyright that you own or control, you may file a notification with Pink Technologies’ Designated Agent as set forth below:

Designated Agent: Pink Technologies Support Team
Address of Designated Agent: 10250 Constellation Blvd., Suite 200 Los Angeles, CA 90067
Email Address of Designated Agent: support@pink.io
Phone number of Designated Agent: (424) 273-5559

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Pink Technologies or the alleged infringer as the result of Pink Technologies relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Pink Technologies’ Rights

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 responses to any Event notification or comments, ratings, or other feedback about an Event or Event Organizer, 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.

Feedback

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.

Disclaimers

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).

Limitation of Liability

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.

Waiver

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 Event Organizer(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 EVENT ORGANIZER(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 EVENT ORGANIZER(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.”

Indemnification

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 any of your conduct with respect to the Pink Technologies Services or 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.

Third Party Software and Links

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.

The App and the Site may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. Pink Technologies does not endorse any such sites or the information, materials, products or services contained on or accessible through such sites. Pink Technologies has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites or services. If you access a third party website from the App or the Site, you do so at your own risk, and you understand that these Terms does not apply to your use of such sites. You expressly relieve Pink Technologies from any and all liability arising from your use of any third party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the App or the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Pink Technologies shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. Pink Technologies encourages you to be aware of when you leave the App or the Site, and to read the terms and conditions and privacy policy of any third party website or service that you visit.

Changes to the Services

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.

Consent to Electronic Communications

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 support@Pink.io.

Suspension and Termination

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.

Governing Law; Arbitration

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 JAMS 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.

General

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 they supersede any prior agreements that may have been made.

Contact Us

If you have any questions about these Terms, please email us at support@pink.io or send a letter to:

Pink Technologies, Inc.
10250 Constellation Blvd., Suite 200
Los Angeles, CA 90067

Notice for California Users

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.

Notice Regarding Apple

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.