Terms and Conditions
Please read these terms carefully before using PinkGrape's website and services. By accessing our platform, you agree to be bound by these terms.
1. Terms of Use
Thank you for visiting Pink Grape's website (the "Website"). Prior to using the Website, please carefully review the following terms that govern your access and use of the Website and the Pink Grape iOS Application (the "App") and the services it makes available (such access and use of the Website, the App, and services collectively the "Services").
The following terms also govern your purchase of printed cards, materials and other products from the Website and the App ("Products"). Pink Grape provides the Services to you, subject to the terms of this Online Service Agreement ("OSA").
Your use of Pink Grape indicates your agreement to be bound by this OSA. This OSA comprises the entire agreement between you and Pink Grape and supersedes any prior agreements between you and Pink Grape with respect to the subject matter addressed in this OSA.
Pink Grape may revise this OSA at any time. All revisions shall be effective immediately upon posting. Your continued use following any revisions constitutes acceptance of such changes.
2. Privacy
Any information you provide to us is subject to Pink Grape's privacy policy ("Privacy Policy") as set forth at http://pinkgrape.com/privacy. Please carefully review our Privacy Policy.
3. Service Terms
3.1 Pink Grape Content, Copyrighted Works and Trademarks
The contents of this Website, including, but not limited to, products, fonts, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, digital downloads, data compilations, software and written and other materials (collectively, "Content") is owned, licensed or controlled by Pink Grape or its third party suppliers, and is protected by United States and international copyright, trademark and/or other intellectual property law.
Under no circumstances may you use or copy any of the Trademarks without express written permission from Pink Grape.
3.2 Use of Services
Pink Grape grants you a limited, non-transferable license to access and use the Services, specifically including this Website and the Content, for your own use in connection with the Services subject to the terms of this OSA.
3.3 Prohibited Use of Website
You will not sell, redistribute or sublicense access to or use of the Website or the App Content or Services. You further agree not to:
- Download or copy any account information for merchant benefit
- Use data mining, robots, or similar data gathering tools
- Interfere, disrupt, or attempt unauthorized access to other accounts
- Upload, post, or transmit any material that is obscene, unlawful, or harmful
- Impersonate another user or Pink Grape employee
- Violate any local, state, or federal law
4. Pink Grape Personalization Service
As part of your limited license to use the Services on this Website and/or App, you may register to use the Pink Grape Personalization Service to create your own personalized Products and e-cards that may be e-mailed, shared with others, or downloaded and saved by you.
4.1 Your Content – Rights and Responsibilities
You may submit to the Website and/or App in connection with the Pink Grape Personalization Service your images and content, including without limitation, photographs, images, text, graphics, visuals, data and other information (collectively "Your Content").
You must either own all rights to Your Content or have express permission from the copyright owner. Professional images are protected by copyright and should not be uploaded without permission.
4.2 Your Representations and Warranties
By submitting Your Content to this Website, you agree, represent and warrant that:
- You own or have the right to use Your Content
- Use of Your Content does not infringe on others' rights
- Your Content does not violate the terms of this OSA
- You will defend and indemnify Pink Grape for any claims resulting from Your Content
5. Member Conduct and Communication
5.1 General
Pink Grape has the right (but not the obligation) to monitor your use of the Website and/or App for adherence to this OSA. You agree to use Pink Grape solely for lawful purposes.
5.2 Information Provided by You
You agree that any information you provide to Pink Grape is truthful and accurate. Pink Grape does not pre-screen content but has the right to refuse or remove any content that violates this OSA.
5.3 User Information
You agree that Pink Grape may use or disclose information about your demographics and use of the Website in accordance with Pink Grape's Privacy Policy.
6. Conditions of Sale
Prices are quoted in U.S. Dollars. Payment must be made at time of purchase on a monthly or yearly basis as stated.
Shipping dates are estimates only. Loss or damage during shipping is not Pink Grape's responsibility.
Return Policy
Our return policy applies to Products that are personalized by you and printed by us. If Pink Grape makes an error, we will re-design and/or re-print at no additional cost. If you make an error, Pink Grape may re-charge you for corrections.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL PINK GRAPE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR CONTENT IN THIS WEBSITE.
In no event shall Pink Grape's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Website.
8. Disclaimer of Warranties
THE SERVICES IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PINK GRAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Pink Grape does not warrant that the functions will be uninterrupted or error-free, that defects will be corrected, or that this Website or server are free of viruses or other harmful components.
9. Governing Law and Miscellaneous
Governing Law
This OSA and any disputes will be governed by the internal laws of the State of Minnesota. Any dispute shall be submitted to confidential arbitration in Minneapolis, Minnesota, under the rules of the American Arbitration Association.
Browser Support
Pink Grape is committed to supporting modern browsers for the best experience:
- Microsoft® Internet Explorer® versions 9 and above
- Mozilla® Firefox®, most recent stable version
- Google Chrome™, most recent stable version
- Apple® Safari® versions 7 and above on Mac OS X