Last updated: October 29, 2014
When you visit Socialite Pink.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Socialite Pink or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Socialite Pink and protected by U.S. and international copyright laws. All software used on this Site is the property of Socialite Pink or its software suppliers and protected by United States and international copyright laws.
SOCIALITE PINK, SOCIALITEPINK.COM and all other Socialite Pink graphics, logos, page headers, button icons, scripts, product names, collection names, Ellie and service names are trademarks, registered trademarks or trade dress of Socialite Pink in the U.S. and/or other countries. Socialite Pink's trademarks and trade dress may not be used in connection with any product or service that is not Socialite Pink's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Socialite Pink or in any manner whatsoever without the prior written consent of Socialite Pink. All other trademarks not owned by Socialite Pink that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Socialite Pink.
License and Site Access
If you use this Site and create an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Socialite Pink does sell products for children, but it sells them to adults, who can purchase with a credit card and Socialite Pink does not knowingly and intentionally sell to people under 18 who do not have permission of an adult or guardian. If you are under 18, you may use Socialite Pink.com only with the permission of a parent or guardian. Socialite Pink reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communication on the Site
Visitors may post reviews, comments, and other content where we’ve permitted for that on our Site. We invite our customers to send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Socialite Pink reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Socialite Pink a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Socialite Pink and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Socialite Pink for all claims resulting from content you supply. Socialite Pink has the right but not the obligation to monitor and edit or remove any activity or content. Socialite Pink takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from Socialite Pink are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Socialite Pink attempts to be as accurate as possible. However, Socialite Pink does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Socialite Pink itself is not as described, your sole remedy is to return it in unused condition.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Socialite Pink does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third party websites linked from our Site, you do so at your own risk.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SOCIALITE PINK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SOCIALITE PINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOCIALITE PINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOCIALITE PINK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SOCIALITE PINK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOCIALITE PINK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Socialite Pink.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Socialite Pink.
Any dispute or claim relating in any way to your visit to Socialite Pink.com or to products or services sold or distributed by Socialite Pink or through Socialite Pink.com will be resolved by binding arbitration, rather than in court,except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, INCORP SERVICES, INC., 815 BRAZOS, SUITE 500, AUSTIN, TX 78701. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Socialite Pink will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to Socialite Pink.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Please check back often on our site for updates, modifications and revisions to our policies.
765 Westchester Parkway
P.O. Box 542574
Grand Prairie, Texas 75054
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Socialite Pink's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Socialite Pink that your copyrighted material has been infringed.
Socialite Pink's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: Copyright Agent
765 Westchester Parkway
P.O. Box 542574
Grand Prairie, Texas 75054
No use of our Site may involve or contain any of the following content or language: (a) defamatory, abusive, harassing or threatening language or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially offensive content; (c) violent, vulgar, obscene, pornographic, or otherwise sexually explicit content; (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) illegal or content that encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; (h) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (i) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet. Each user of our Site does so at his or her own risk and we make no representations, guaratnees or warranties regarding our Site, including without limitation ensuring that other users comply with the standards of conduct listed in this paragraph.