TERMS OF SERVICE
Welcome to Pink Slushy Media (“Website”). We at Pink Slushy Media hope you find the Website and any services or features provided informative and useful. By accessing and using the Website, services, and features, you, referred to throughout these Terms of Service (“TOS”) as “you,” “your,” or “user,” agree to be bound by these TOS. These TOS, along with the Pink Slushy Media Privacy Policy (which is fully incorporated into these TOS), constitute a legally binding agreement between you and Pink Slushy Media. If you do not agree to be bound by these TOS, do not access this Website. Please review these Terms carefully. Your use of the Services constitutes acceptance of these Terms and our Rules. For information on how we collect, use, and share your information, please review our Privacy Policy.
If you have any questions about these Terms or our Services, please contact us at info@PinkSlushyMedia.com.
Modification:
Pink Slushy Media reserves the right to modify, alter, or discontinue any service or part thereof, whether temporarily or permanently, at its sole discretion and with or without prior notice. Pink Slushy Media will not be held liable to any user or third party for any modifications, suspensions, or discontinuances of services. Your continued use of the Website and/or services after any modification of these TOS constitutes your acceptance of the updated terms. We recommend that you review these TOS regularly to ensure you are aware of all current terms and policies. If you do not agree to any changes, you must cease using the Website and its services.
Privacy Policy:
Pink Slushy Media respects your privacy. By using the Website and its services, you consent to the collection, use, and disclosure of your personally identifiable information, as well as non-personally identifiable information, as outlined in the Pink Slushy Media Privacy Policy. For more details, please visit Pink Slushy Media Privacy Policy.
Minors:
Persons under 18 years of age are not permitted to use the Website. Pink Slushy Media does not knowingly solicit or collect information from individuals under the age of 18. By using the Website, you affirm that you are at least 18 years old and are fully able and competent to enter into these TOS.
Use of the Website:
Pink Slushy Media authorizes you to view or download content from the Website, including files, documents, text, photographs, images, audio, video, and other materials (collectively “Content”) solely for personal, non-commercial use. You may not copy, distribute, modify, create derivative works, reproduce, publish, or use any Content for commercial purposes unless explicitly authorized by these TOS. You may not use automated tools, such as web scrapers, offline readers, spiders, or robots, to access, extract, or download content from the Website without express authorization from Pink Slushy Media.
User Conduct:
You agree to use the Website and/or services only for lawful purposes. You are solely responsible for knowing and adhering to all laws, statutes, rules, and regulations applicable to your use of the Website and services. You also agree not to:
(a) Restrict or inhibit any other user’s use and enjoyment of the Website and/or services;
(b) Post or transmit unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, or indecent content, or any conduct that would constitute a criminal offense or civil liability;
(c) Post or transmit content that violates the rights of others, including material protected by copyright, trademark, or other intellectual property rights, without obtaining permission from the rights holder;
(d) Post or transmit content containing viruses or other harmful components;
(e) Claim a relationship with, or speak on behalf of, any business, association, institution, or other organization for which you are not authorized;
(f) Copy and/or collect content using automated methods such as robots, spiders, or scrapers;
(g) Copy, adapt, decompile, reverse engineer, or modify the Website, its code, or any software used to provide the Website;
(h) Use the Website and/or services in a way that infringes on the intellectual property rights or violates the law.
Right to Regulate:
Pink Slushy Media reserves the right to regulate access to and use of the Website and services in its sole discretion. You agree not to bypass any regulations or restrictions set by Pink Slushy Media. Pink Slushy Media is not liable for its actions or inactions regarding regulation and does not waive its rights to do so.
Proprietary Rights:
You acknowledge that all trademarks, copyrights, trade names, service marks, logos, and other brand features of Pink Slushy Media (collectively “Marks”) are the sole property of Pink Slushy Media. You agree not to display or use Pink Slushy Media’s Marks without prior written consent.
Disclaimer & Liability:
To the fullest extent permitted by law, Pink Slushy Media and its officers, directors, employees, agents, licensors, affiliates, and successors (collectively “Pink Slushy Media”) make no promises, warranties, or representations regarding the Website and its services, including their completeness, accuracy, availability, security, or reliability. The Website and services are provided “AS IS” and “AS AVAILABLE,” and you assume all risk associated with their use. Pink Slushy Media disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pink Slushy Media shall not be liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, or goodwill, arising from the use of the Website or services. In no event shall Pink Slushy Media’s liability exceed $100. Some jurisdictions may restrict or alter these disclaimers, so certain restrictions may not apply.
Resolving Disputes; Binding Arbitration
We prefer to resolve disputes informally. Before filing a claim against Pinklslushy.media, please contact us by sending a written notice to info@PinkSlushyMedia.com or by certified mail to:
Pink Slushy Media
4370 Chicago Dr. SW, Unit 118
Grandville, Michigan 49418
The notice must include:
- Your name, address, email address, and phone number
- A description of the issue
- The specific relief sought
If the dispute is not resolved within 30 days, either party may initiate formal proceedings.
Please read this section carefully, as it requires arbitration for certain disputes and limits how you can seek relief. You can opt out of arbitration by following the instructions below.
(a) No Representative Actions: You and Our4Voices.com agree that disputes are personal and must be resolved individually. Class actions, class arbitrations, or any representative proceedings are not permitted.
(b) Arbitration of Disputes: Except for small claims or disputes seeking injunctive relief for intellectual property issues, you and Our4Voices.com agree to resolve all disputes (including privacy or data security issues) through binding arbitration instead of court. Arbitration will be held in Grand Rapids, Michigan, unless you are a consumer, in which case you may choose the county of your residence.
(c) Federal Arbitration Act: The Federal Arbitration Act governs this section, and the arbitrator has authority to make procedural and substantive decisions. The arbitrator can only conduct individual arbitrations, not class actions.
(d) Discovery and Confidentiality: The arbitration will allow for discovery of non-privileged information. All proceedings and decisions are confidential unless disclosure is required by law or court order.
(e) Jurisdiction: Any appeal or enforcement of arbitration must be filed in state or federal courts in Grand Rapids, Michigan.
(f) Time Limit for Filing: Disputes must be filed within one year of when the claim arose, or the claim is permanently barred.
(g) Opt-Out: You have 30 days from accepting these Terms to opt out of arbitration by sending an email to info@PinkSlushyMedia.com with your full name and address. Opting out means disputes will be resolved in court, not arbitration.
(h) Severability: If any part of this section is unenforceable, it will not affect the remaining provisions. If class action claims must proceed in court, they will be stayed pending the outcome of individual arbitration.
Third-Party Websites and Information:
The Website may link to third-party websites or include references to third-party services. These third-party sites are not under Pink Slushy Media’s control, and we are not responsible for their content, accuracy, or legality. The inclusion of such links or references is for convenience and does not imply endorsement or affiliation with those third parties.
Governing Law and Venue:
These TOS are governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. Any action arising from these TOS shall be filed and heard in the courts of Kent County, Michigan, and you consent to the personal and exclusive jurisdiction of those courts. You waive your right to a trial by jury. Any claim or cause of action related to the Website must be filed within two (2) years of the date it arose or was reasonably discovered, or it will be forever barred.
CONTACT US
Pink Slushy Media
4370 Chicago Drive SW, STE 118
Grandville, MI 49418
Phone: 855-340-0858
Email: info@PinkSlushyMedia.com