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Last Updated September 28, 2019
Pink Lotus Power Up, LLC. (“PLPU”) operates and maintains the web pages located within the following URL’s on this server:
https://pinklotus.com/powerup https://pinklotus.com/powerupaccount https://pinklotus.com/powerupprofile https://pinklotus.com/powerupmarket
The Power Up Site is a diverse website and contains content, such as text, graphics, images, tools, information obtained from PLPU’s licensors, and other material contained on the Power Up Site (the “Content”). Content provided on the Power Up Site is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Power Up Site!
If you think you may have a medical emergency, you are advised to call your doctor or 911 immediately. PLPU does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Power Up Site. Reliance on any information provided by PLPU, its employees, others appearing on the Power Up Site at the invitation of PLPU, or other visitors, subscribers or members to the Power Up Site, is solely at your own risk.
Content on the Power Up Site may include what could be interpreted by some as sexually explicit material. We are committed to protecting the privacy of children. You should be aware that the Power Up Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
All material posted on the Power Up Site is protected by the copyright laws in the United States and in foreign countries. PLPU authorizes you to view or download a copy of the material on the Power Up Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "© 2019, Pink Lotus Power Up, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain Content and other items accessible on the Power Up Site may be included elsewhere within the Power Up Site and is incorporated into these Terms and Conditions by reference.
Title to the material remains with PLPU or its licensors. Any use of the materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of PLPU. All rights not expressly granted herein are reserved to PLPU and its licensors.
If you violate any of these Terms and Conditions, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of any portion of the material.
The Site contains functionality (including blogs, discussion groups, comments, social network posts, user reviews of certain information, etc.) that allows users to upload content to the Site (collectively "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission you agree that you will not send or transmit to PLPU by email or electronic means (including through its ticket option) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to PLPU, you agree that such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to PLPU, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted PLPU a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. PLPU may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to PLPU via any other medium. We try to answer every inquiry in a timely manner, but are not always able to do so.
You agree that you are solely responsible for your interactions with any other user, member or account holder in connection with the Power Up Site and that PLPU will have no liability or responsibility with respect thereto. PLPU reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Power Up Site.
You agree to only post or upload media (such as photos, videos, audio etc) on the Power Up Site that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or website URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Power Up Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of, or with someone, else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Power Up Site.
By uploading any media on the Power Up Site like a photo or video, (a) you grant to PLPU a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes PLPU to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify PLPU and its affiliates, parent, shareholders, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this Agreement. PLPU reserves the right to review all media prior to submission to the Power Up Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
The Power Up Site provides several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Power Up Site passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Power Up Site account and password; (3) promptly inform PLPU if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us a message, use the “Leave a Message“ link located at the bottom of every page of our site. You grant PLPU and all other persons or entities involved in the management, maintenance and operation of the Power Up Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Power Up Site. PLPU cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Power Up Site.
If you use Public Areas, such as PLPU’s social network, discussion groups, blogs or other programs, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. PLPUD is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas on the Power Up Site, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
PLPU Reserves the right (but is not obligated) to do any or all of the following:
PLPU has no liability or responsibility to users of the Power Up Site or any other person or entity for performance or nonperformance of the aforementioned activities.
PLPU may provide links to third-party web sites, including third parties that may be an affiliate of PLPU and also operate their website under the domain name pinklotus.com. PLPU also may select certain sites as priority responses to search terms you enter and PLPU may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. PLPU does not recommend and does not endorse the content on any third-party websites, including those maintained under the pinklotus.com domain name. PLPU is not responsible for the content of linked third-party sites, sites framed within the Power Up Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. PLPU does not endorse any product, service, or treatment advertised on the Power Up Site..
You agree to release, indemnify on demand and hold PLPU and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Power Up Site, your violation of these Terms and Conditions or your violation of any rights of another. You agree that PLPU has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify PLPU for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
YOUR USE OF THE POWER UP SITE IS AT YOUR SOLE RISK. THE POWER UP SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLPU AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
These Terms and Conditions constitute the entire agreement between you and PLPU and govern your use of the Power Up Site, superseding any prior agreements between you and PLPU with respect to the Power Up Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and PLPU agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of PLPU to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Power Up Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms and Conditions without the prior written consent of PLPU, but PLPU may assign or transfer these Terms and Conditions, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Power Up Site may also provide notices to you of changes to these Terms and Conditions or other matters by displaying notices or links to notices generally on the Power Up Site.
If you believe any material accessible on or from the Power Up Site infringe your copyright, you may request removal of those materials (or access thereto) from the Power Up Site by contacting PLPU and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
PLPU’s address for copyright issues relating to the Power Up Site is as follows:
Pink Lotus Power Up, LLC Attn: Privacy 3110 Main Street The Annex Santa Monica, CA 90405
In an effort to protect the rights of copyright owners, PLPU maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Power Up Site who are repeat infringers.
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