Updated August 7, 2007
Introduction & Consent to Terms.
Please read these Terms of Use before using PinkyShow.org, PinkyShow.com, PinkyShow.net, AssociatedAnimals.org, AssociatedAnimals.com, or any features of these sites, including, but not limited to, Pinky Show broadcasts (collectively, the "Pinky Show websites" or the "Service"). By using The Pinky Show websites, you agree to be bound by these terms of use. If you do not agree to these terms of use, please don't use or watch The Pinky Show. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on The Pinky Show websites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of The Pinky Show websites following the posting of updated terms of use will mean that you agree to those changes.
Copyrights
The contents of Pinky Show websites are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on The Pinky Show websites without the prior written consent by The Pinky Show, except as provided below. You may copy and print a limited amount of content, and you may download Pinky Show audio, videos or other broadcast content, for your personal use, or non-commercial educational use (i.e., for teaching) only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. (for additional information, please read our information on permissions). Any other use of Pinky Show content requires prior written permission by The Pinky Show (again, visit our permissions page for more information). For information regarding the purchase of Pinky Show content on DVDs or CD-ROMS, please visit our Support area.
Trademarks
The Pinky Show®, University of Marginalia®, UM Press®, and Pinky Show program names are service marks of either Associated Animals Inc. or the producers of the programs All Rights Reserved. You may not use any Pinky Show service marks, logos or graphics without Pinky Show's prior written consent.
Framing
The Pinky Show does not allow framing of its Web sites.
Links to Pinky Show websites
Pinky Show encourages and permits links to content on Pinky Show websites. However, any linking to Pinky Show websites content should not (a) suggest that The Pinky Show promotes or endorses any third party's causes, ideas, websites, products or services, or (b) use Pinky Show content for commercial purposes. If there are any doubts regarding the appropriateness of a link, the sole determination regarding the appropriateness or inappropriateness of said link would rest with The Pinky Show. The Pinky Show reserves the right to withdraw permission for any link.
Links to Third Party Sites
The Pinky Show sometimes provides links to Internet sites maintained by third parties - Internet sites over which The Pinky Show have no control. The Pinky Show does not endorse the content, operators, products or services of such sites, and The Pinky Show is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. The Pinky Show shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.
Pinky Show broadcasts
Pinky Show broadcasts, in audio, video, animation, or slideshow formats, are available at www.pinkyshow.org, and may be downloaded and played using a user's computer, portable listening and/or viewing device (Apple iPod, etc.), mobile telephone, and/or other devices. Pinky Show broadcasts are protected by U.S. and international copyright laws. All rights in and to The Pinky Show broadcasts are reserved to The Pinky Show. Pinky Show broadcasts are available for personal and non-commercial educational use only. You may download, copy and/or transfer to a portable listening device The Pinky Show broadcasts for your personal or non-commercial educational use only, provided that you do not modify the content. You also may link to Pinky Show broadcasts (a specific episode page or pages containing multiple episodes) from your website, weblog or similar application, as long as the linking does not (a) appear as though The Pinky Show content originates from anywhere other than The Pinky Show websites, and/or the owners of the content are anyone or entity other than Associated Animals Inc., (b) suggest that The Pinky Show promotes or endorses any third party's causes, ideas, websites, products or services, or (c) use The Pinky Show content for any kind of commercial purposes. The Pinky Show reserves the right to discontinue providing Pinky Show broadcasts and to require that you cease accessing or using The Pinky Show broadcasts, or any content contained in The Pinky Show broadcasts, at any time for any reason.
Use of the Service
If you use the Service, including submission of e-mails or other information via pinkyshow.org, you must follow a few simple rules:
1. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.
2. While we do not seek to limit expression of ideas, certain materials and language will not be tolerated. You may not post, upload or transmit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech.
3. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain.
4. The Pinky Show websites can only be used for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
5. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use The Pinky Show websites to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending mass mailings or "spam" to other users of The Pinky Show websites.
6. By posting, uploading or transmitting any material on or through The Pinky Show websites, you hereby grant The Pinky Show and Associated Animals Inc. a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display that material, and your name and location (city, state and/or country), if you provide that information to us, in connection with that material, in all media, whether or not now known.
7. Human beings under the age of eighteen (18) MUST obtain parental permission before posting, uploading or transmitting material on or through The Pinky Show websites. Human beings under the age of thirteen (13) are not eligible to participate in communication with The Pinky Show, or otherwise post, upload or transmit material on or through The Pinky Show websites. Other animals (human beings excluded) of all ages are welcome to communicate, post, upload or transmit material on or through The Pinky Show websites.
8. You are solely responsible for any content posted, uploaded or transmitted on or through The Pinky Show websites. The Pinky Show does not and cannot review every message e-mailed and/or posted by you and is not responsible for any materials e-mailed and/or posted by others on or through The Pinky Show websites. However, The Pinky Show has the right (but not the obligation) to delete, edit or move any material that it deems, in its sole discretion, to be in violation of the Rules of the these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable.
9. The Pinky Show is not responsible or liable for any materials or information posted, uploaded or transmitted on or through The Pinky Show websites. The Pinky Show cannot verify the accuracy of statements posted, uploaded, or transmitted on or through The Pinky Show websites, and does not guarantee that any of these materials have been posted, uploaded or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with these Terms of Use.
10. By using the Service, you agree to abide by these rules. You acknowledge that The Pinky Show has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that The Pinky Show has the right to limit or terminate access to The Pinky Show Message Boards for any reason(s), including violation of these Terms of Use.
Representations; Indemnity
You represent and warrant that (a) any material you post, upload or transmit on or through The Pinky Show websites does not and will not violate any of these Terms of Use, and (b) your use of The Pinky Show websites complies with these Terms of Use. You agree that you will indemnify and hold harmless The Pinky Show and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of The Pinky Show websites, (3) the materials you have posted, uploaded or transmitted on or through The Pinky Show websites, or (4) The Pinky Show's publication, distribution or use of such materials.
Disclaimer
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PINKY SHOW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES THE PINKY SHOW MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. LIMITATION OF LIABILITY: IN NO EVENT WILL THE PINKY SHOW OR ASSOCIATED ANIMALS INC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PINKY SHOW WEBSITES OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE PINKY SHOW WEBSITES. IN NO EVENT WILL THE PINKY SHOW, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
Online Shopping
In the event a product available on or through the store is listed at an incorrect price or with incorrect information, The Pinky Show/Associated Animals Inc. will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify Pinky Show/Associated Animals Inc.'s acceptance of your order, nor does it constitute confirmation of Pinky Show/Associated Animals Inc.'s offer to sell. Pinky Show/Associated Animals Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Pinky Show/Associated Animals Inc. may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, or duties and/or other fees (international orders), on orders shipped to you.
Copyright Infringement
The Pinky Show makes a good faith attempt to respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to our copyright agent at The Pinky Show:
1. a physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the copyright owner.
2. a description of the copyrighted work that you claim has been infringed.
3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. information so that we can contact you, such as a telephone number, e-mail address, and 'physical' address.
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Pinky Show's Copyright Agent can be reached via e-mail:
(please include the words "attn: copyright agent" in the subject heading)International Users
The Pinky Show websites are controlled and operated within the United States. The Pinky Show makes no representation that content, materials or products available on or through The Pinky Show websites are appropriate or available for use outside of the United States. If you access The Pinky Show websites from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.
Miscellaneous
These terms of use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of The Pinky Show websites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under State of Hawaii law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to The Pinky Show websites shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Hawaii. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.
Questions
If you have any questions about the Terms of Use, please contact us at The Pinky Show.
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