TERMS OF SERVICE

1. INTRODUCTION

By using or receiving any on-line services supplied to the user (“Customer”) by Aguiluz Enterprises, LLC d/b/a Pink Cactus Productions (“Company”), and reading or downloading information from, submitting information on, or otherwise using any Website supplied by Company, which purpose is to enable Customer to use Company’s services, Customer hereby expressly acknowledges and agrees to be bound by the terms and conditions set forth below, and any future amendments and additions to the terms, as published from time to time at www.pinkcactusproductions.com. Customer is responsible for regularly reviewing this agreement. Continued use of Company’s services or Website after any such changes or amendments shall constitute Customer’s consent to such changes or amendments.

2. ABOUT OUR SERVICES

The capabilities of the Website include, but are not limited to:

Enabling individuals seeking event production and promotion services to submit inquiries, request bids, book or schedule appointments, and view Company’s resume and past work.

3. REPRESENTATIONS AND WARRANTIES

By using the Website, Customer expressly represents and warrants that Customer is legally entitled to do so. If Customer resides in a jurisdiction that restricts the use of these services because of age, or restricts the ability to enter into agreements such as this one due to age, Customer must abide by such age limits or must not use the Website. By using the Website, Customer represents and warrants that Customer has the right, authority, and capacity to enter into this agreement and to abide by the terms and conditions. When using the Website, Customer agrees to comply with all applicable laws from Customer’s country, state, and city in which Customer is present while using the Website.

By using the Website or services, Customer agrees that:

  • Customer will only use the service or Website for lawful purposes;
  • Customer will not use the services for sending or storing any unlawful material or
    for fraudulent purposes;
  • Customer will not use the services or Website to cause nuisance, annoyance, or
    inconvenience;
  • Customer will not impair the proper operation of the network;
  • Customer will not try to harm the service or Website in any way whatsoever;
  • Customer will not copy, modify, or distribute the Website or other content without
    written permission from Company;
  • Customer will not make derivative works based upon the Website or related
    software;
  • Customer will not reverse engineer the Website or software;
  • Customer will use the Website for Customer’s own use and will not resell it to a
    third party.
  • Customer will keep secure and confidential Customer’s account password or any
    identification Company provides Customer which allows access to the services;
  • Customer will only use an access point or data account that Customer is authorized
    to use; and,
  • Company reserves the right to discontinue any aspect of the service or Website at
    any time.

 

4. COPYRIGHT POLICY

Company respects copyright law and expects Customer to do the same. It is Company’s policy to terminate in appropriate circumstances any users or account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of any copyright holders, including but not limited to, Company.

5. DISCLAIMER OF WARRANTIES

COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APP, SYSTEM OR DATA, (B) THE WEBSITE WILL MEET CUSTOMERR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE WEBSITE IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE WEBSITE.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF CUSTOMERR USE OF THE WEBSITE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH CUSTOMER, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COMPANY’S WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

IN NO EVENT SHALL COMPANY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, ANY RELIANCE PLACED BY CUSTOMER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN CUSTOMER AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE WEBSITE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. NOTICE

Company may give notice by means of a general notice on the Website service, electronic mail to Customer’s email address on record in Company’s account information, or by written communication sent by first class mail or pre-paid post to Customer’s address on record in Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Customer may give notice to Company (such notice shall be deemed given when received by the Company) at any time by any of the following: email sent to Company at the following email address: maria@pinkcactusproductions.com, or letter delivered by first class postage prepaid mail to Company at the following address: 9901 Brodie Lane, Suite 160-336, Austin, Texas 78748, addressed to the attention of: Maria Aguiluz.

7. TERM AND TERMINATION OF AGREEMENT

This agreement is effective upon the use of the Website or the services. Customer or Company may terminate Customer’s participation in the service at any time, for any reason and Company may prohibit Customer’s use of the Website or services at any time in its sole discretion. The terms of this agreement, and any subsequent modification of this agreement, shall remain in effect at all times after Customer or Company terminates Customer’s participation or access.

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