Date of Last Revision: October 03, 2011

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (Statement) derives from the PinkNotes Principles, and governs our relationship with users and others who interact with PinkNotes. By using or accessing PinkNotes, you agree to this Statement.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use PinkNotes how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information

You own all of the content and information associated with your PinkNotes account(s), and you can control how it is managed through your Administrative Settings. In addition:

1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with PinkNotes (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and Platform Page.)
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of PinkNotes, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about PinkNotes, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Payment and Cancellation of Service

All accounts come with a free 30 day trial period. A valid credit card is needed after the trial period if you wish to continue using PinkNotes.

Subscribers are billed on a monthly basis by credit card. To cancel an account the subscriber must remove their credit card information from the Payment section of the Admin Settings page. This page can only be accessed by a user in the account who has administrator access in PinkNotes.

If credit card information is removed from the account, the account will be active until the date the account is currently paid up until. At that point the account will deactivate itself and no further use of the account will be allowed, unless credit card information is re-entered in the Admin Settings. Refunds will not be given for partial months of service.

All of Your content will be deleted from the PinkNotes service 90 days after the date of termination of your account. This content cannot be recovered.

Fees do not include New York State sales tax. If your business is located in New York State you will be charged sales tax.

You may change the credit card being used at any time in the Payment section of the Admin Settings page for your account.

Safety

We do our best to keep PinkNotes safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

1. You will not send or otherwise post unauthorized commercial communications (such as spam) on PinkNotes.
2. You will not collect users' content or information, or otherwise access PinkNotes, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on PinkNotes.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not use PinkNotes to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of PinkNotes, such as a denial of service attack.
11. You will not facilitate or encourage any violations of this Statement.

Registration and Account Security

PinkNotes users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on PinkNotes, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will keep your contact information accurate and up-to-date.
5. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
6. You will not transfer your account to anyone without first getting our written permission.
7. If you select a username or account tag for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a company's actual name).

Protecting Other People's Rights

Mobile

We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

1. In the event you change or deactivate your mobile telephone number, you will update your account information on PinkNotes within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
2. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on PinkNotes, as well as your name and profile picture.

Amendments

We can change this Statement if we provide you notice and an opportunity to comment.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of PinkNotes to you. Failure to make payment on a pay-for-use account may also be subject to deletion. We will notify you by email or at the next time you attempt to access your account. You may also delete/disable your account at any time.