Terms Of Service
The website you registered at is an online store ("The Store") owned and operated by Alina Medios SA ("The Owner") based in Argentina. Please read carefully and understand these Terms and Conditions prior to becoming a registered member, as the act of registering constitutes a binding legal agreement ("Agreement") by and between The Owner and persons who elect to become registered users of The Store (the "Registered Member(s)"). This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax.
If you do not agree to be bound by these Terms and Conditions, you may not enter The Store, you must exit The Store immediately, you may not use or access The Store, and you may not print or download any materials from it. You may use and access The Store only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using The Store. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions. You are solely responsible for obtaining access to The Store and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access The Store.
1. As a Registered Member to The Store, you agree to be bound by each and every provision contained in this Agreement. This Agreement may be modified or amended by The Owner at any time, and changes are effective upon notice to each Registered Member. Notices by The Owner to Registered Members may be given via electronic messages through The Store, a posting on The Store, or by mail.
2. Registered Members will be offered material for download or streaming only after the purchase of a credit package or a recurring membership. Except as otherwise provided herein, Credit Packages purchases are non-refundable.
3. Until such time as this Agreement is terminated in accordance with its provisions, Registered Members agree to pay his/her/its purchase of Credit Packages and/or membership by credit card (or other approved facility or mechanism), and hereby authorizes The Owner to charge Registered Member's credit card (or other approved facility or mechanism) for all its ongoing Credit Packages purchases or continuous membershirp, and for any and all purchases or products purchased by Registered Members from The Store.
4. All Registered Members agree to immediately inform The Owner of any of the following changes in his/her/its credit card account: Change in home or billing address; card loss or theft, or unauthorized usage of the card; apparent breach of security of Registered Member ID or password, such that unauthorized access to The Store via the card is possible. Unless Registered Member gives proper notice to The Owner of same, Registered Member will remain liable to The Owner for any and all charges for unauthorized use inside The Store.
5. The Owner has no responsibility for supplying Registered Members with computer equipment or communications connections necessary to access The Store. Registered Members are solely responsible for these items.
6. Upon becoming a Registered Member to The Store, The Owner will confirm the Registered Member's unique ID and password that allows access to The Store as well as to other Stores within the Universe. The login information is issued by The Owner in the form of a revocable license and remains the property of The Owner and constitutes proprietary information and is property of The Owner. IDs and passwords are non-transferable. Each Registered Member must keep his password strictly confidential. For security reasons, The Owner will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Registered Member to access The Store via such Registered Member's ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law. Each account (username) is limit to no more than 25 logins a day over a 24 hour period. The said period lasts from 12:00 midnight EST to 12:00 midnight EST.
7. Registered Members hereby swear and affirm under oath, warrants and represent that he/she is at least eighteen (18) years of age (21 in some jurisdictions) and has the legal capacity to enter into agreements of this nature. The Owner makes no representation or warranty that the content published at The Store complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published at The Store namely, sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT register at The Store.
8. You understand that all models appearing at The Store are, and were at the time of all recorded images, at least 18 years of age, and that The Store contains no child pornography. If you seek any form of child pornography, you must exit The Store immediately. You acknowledge that all Materials at The Store are protected by the First Amendment. We take a strong and definite stand against child pornography and only allow images and Materials that are protected by the First Amendment. If you identify any images, real or simulated, depicting minors engaged in sexual activity within The Store , please report the images to The Store. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors' access to harmful material.
9. Under no circumstances, including, but not limited to, negligence, shall The Owner or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use The Store. Registered Members specifically acknowledge and agree that The Owner is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Registered Member to The Owner for the preceding twelve (12) months.
10. The Owner MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, ITEMS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH The Store. REGISTERED MEMBERS' USE OF The Store IS AT HIS/HER OWN RISK. The Owner, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, The Store OR PRODUCTS OR ITEMS OR INFORMATION PROVIDED BY OR THROUGH The Store. WITHOUT LIMITING THE FOREGOING, The Owner MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
11. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
12. Registered Members agree to indemnify and hold harmless The Owner, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorney's fees) arising out of Registered Member's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Registered Member or The Owner relating to any Stores or products offered by or through The Store, Registered Members agree to submit to the personal jurisdiction of the courts in Buenos Aires, Argentina.
13. Except for public domain material and electronic messages, all material displayed on The Store is copyrighted by The Owner, or is licensed under copyright by The Owner, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of The Owner.
14. This software and any part thereof has been written and modified exclusively for the use Alina Medios SA. IT IS NOT FREE SOFTWARE. If you have downloaded this software, partially or in its entirety, from a website or somehow gotten a copy of it or if you have otherwise received this software from someone who is not a representative of Alina Medios SA you are involved in an illegal activity and you will be prosecuted.
15. The Store is for the private, non-commercial enjoyment of Registered Members only. Any other use is prohibited.
16. Use of Cookies. The Store uses cookies to maintain visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same material and to customize users List of Favorites, promotional offers, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while at The Store. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from Pinkisbeautiful.com in order to use most non-logged functions, like the Favorites List. Make sure your browser is set to accept cookies and that your firewall has been set to ALLOW cookies from The Store (Pinkisbeautiful.com)
17. The Store enables Registered Members to share information with other Registered Members. Registered Members agree not to submit, publish, or display on The Store any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, provincial, or local law, is prohibited and is a breach of this Agreement.
18. Registered Members agree not to engage in advertising to, or solicitation of other Registered Members to buy or sell any products or items through The Store without prior written consent. Registered Members are responsible for information they send, or display through The Store even if a claim should arise after termination of The Store.
19. There are no facilities provided by The Store for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use The Store for any communication for which the sender intends only the sender and the intended recipient(s) to read. Registered Member hereby acknowledges and agrees that all messages entered into this Store can and may be read by the operators of The Store, whether or not they are the intended recipient(s).
20. Notices by The Owner to Registered Members may be given by means of electronic messages through The Store, by a general posting on The Store, or by conventional mail. Notices by Registered Members may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement.
21. Trademark Information. The Store and the aforementioned names of the other Stores are service marks and/or trademarks of Alina Medios SA. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. The Store's marks, logos, domains, and trademarks may not be used publicly except with express written permission from The Store, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits The Store.
22. All questions, complaints, or notices to The Owner by means of electronic message must be directed using the contact form provided.
23. This Agreement sets forth the full and complete understanding between Registered Member and The Owner with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by The Owner to its Registered Members. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the Argentine laws for contracts entered into and wholly performed within Buenos Aires, Argentina. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees. |