Terms and Conditions

Last Revised 30th April 2018

Welcome to SUR Designs Studio Ltd Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. SUR Designs Studio Ltd offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

In order to access and use certain sections and features of the PinkStreet Services, you must first register with SUR Designs Studio Ltd .You must provide accurate and complete information when registering  for SUR Designs Studio Ltd Services.

1. Introduction

SUR Designs Studio Ltd offers online and mobile services and tools, we create and manage your online and mobile presence.

1.1. Our Purpose
Our services offer beautiful and highly functional online presence, to manage and promote businesses, content and ideas, and have an overall great experience. 


By visiting our website or using our application and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use and our Privacy Policy.


You may visit and/or use the SUR Designs Studio Ltd Services only if you fully agree to SUR Designs Studio Ltd Terms - and by using and/or registering to any of the SUR Designs Studio Ltd Services, you signify and affirm your informed consent to these Terms of Use and any other SUR Designs Studio Ltd Terms applicable to your use of any PinkStreet Services. If you do not read, fully understand and agree to the SUR Designs Studio Ltd Terms, you must immediately leave the PinkStreet Website and avoid or discontinue all use of the SUR Designs Studio Ltd Services.

You are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into SUR Designs Studio Ltd Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the PinkStreet Terms; 

Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;


You understand that SUR Designs Studio Ltd does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith; and specifically regarding your User Content:


SUR Designs Studio Ltd owns all rights in and to any content uploaded or created by us. Including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”). SUR Designs Studio Ltd  have the full power, title, licenses, consents and authority, in and to the Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Content.


All Content provided by users must be true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for us to possess, post, transmit or display in the country in which you reside, or for SUR Designs Studio Ltd and/or your End Users to use or possess in connection with the SUR Designs Studio Ltd Services;


You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

1.2  You represent and warrant that:
In order to use our services, there are certain obligations and conditions you need to meet.
Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.


In addition, you must own all rights in any content uploaded or publish via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable PinkStreet or your end users to do with it) is legal.


2.  Your Obligations
 1.    fully comply with all applicable laws and any other contractual terms which govern your use of the PinkStreet Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users.
 2.    be solely responsible and liable with respect to any of the uses of PinkStreet Services which occur under your site, and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the PinkStreet Services);
 3.    receive from time to time promotional messages and materials from PinkStreet or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
 4.    allow PinkStreet to use in perpetuity, worldwide and free of charge, any version of your site (or any part thereof) for any of PinkStreet marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against PinkStreet or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in with respect to such limited permitted uses;
 5.    PinkStreet’s sole discretion as to the means, manner, and method for performing the PinkStreet Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

List of Don'ts
2.2. You undertake and agree to:

 1.    submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of PinkStreet or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
 2.    act in a manner which might be perceived as damaging to PinkStreet’s reputation and goodwill or which may bring PinkStreet into disrepute or harm;
 3.    purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use PinkStreet or PinkStreet Marks and/or variations and misspellings thereof;
 4.    impersonate any person or entity or provide false information on the PinkStreet Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to PinkStreet and/or any End Users;
 5.    falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that PinkStreet or any third party endorses you, your business, your User Products, or any statement you make;
 6.    reverse look-up, trace, or seek to trace another User of PinkStreet Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the PinkStreet Services without their express and informed consent;
 7.    disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the PinkStreet Services, the account of another User(s), or any other systems or networks connected to the PinkStreet Services, by hacking, password mining, or other illegitimate or prohibited means;
 8.    probe, scan, or test the vulnerability of the PinkStreet Services or any network connected to the PinkStreet Services;
 9.    upload to PinkStreet Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
 10.    take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PinkStreet Services or PinkStreet’s systems or networks connected to PinkStreet Services, or otherwise interfere with or disrupt the operation of any of PinkStreet Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
 11.    use any of the PinkStreet Services  in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
 12.    sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or PinkStreet Services, except as expressly permitted by the PinkStreet Terms;
 13.    remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the PinkStreet Services and/or Licensed Content; or
 14.    violate, attempt to violate, or otherwise fail to comply with any of the PinkStreet Terms or any laws or requirements applicable to your use of the PinkStreet Services.
 15.    You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.  

List of Do's

2.3. You agree and undertake to:

be nice, and avoid doing anything that might harm us or anyone else.
Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.
You must comply with all applicable laws.
You will be responsible for your actions and for the actions of anyone who accesses your site content.

You shall regularly save backups of your content.
You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us.
You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.
You own all rights to your content. We may handle your content in order to provide you with our services.

All rights, title and interest in and to PinkStreet Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of PinkStreet Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof once is created by PinkStreet, are owned by and/or licensed to PinkStreet.
Subject to your full compliance with PinkStreet Terms and timely payment of all applicable Fees, PinkStreet hereby grants you, upon creating your Account and for as long as PinkStreet wishes to provide you with PinkStreet Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the PinkStreet Services and Licensed Content, for the purpose of generating and displaying your site to End Users and offering your User Products and services therein, solely as expressly permitted under the PinkStreet Terms, and solely within the PinkStreet Services.
 PinkStreet Terms do not convey any right or interest in or to PinkStreet’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in thePinkStreet Terms constitutes an assignment or waiver of PinkStreet’s Intellectual Property rights under any law.

As between PinkStreet and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. PinkStreet does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to upload your content to your site, including cloud services and CDN’s, to make display adjustments and perform any other technical actions required.


4. Privacy
The use of certain PinkStreet Services may be subject to payment of particular fees, as determined by Pinktreet in its sole discretion (“Paid Services” and “Fee(s)”, respectively). PinkStreet will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
 PinkStreet reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, PinkStreet shall have the right to automatically and without notice renew your subscription to such PinkStreet Service(s) at the full applicable Fee.
  
All Fees shall be deemed to be in E.C. Dollars, except as specifically stated otherwise by PinkStreet. To the extent permitted by law (and unless specified otherwise by PinkStreet in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the PinkStreet Services, or to any payments or purchases made by you. If PinkStreet is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.  We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). PinkStreet is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorize PikStreet (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries PinkStreet or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).


5. Service Fees
5.1. Paid Services
Our prices are stated in E.C. Dollars and before taxes, unless otherwise said.  
PinkStreet and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by PinkStreet (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information in order to comply with local laws. Please note that the Invoice presented to you may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.  

5.2. Invoices
Invoices for our paid services will be available via e-mail.
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the PinkStreet Services offer automatic renewal,  on a recurring-fees basis for those choosing online payment option. Accordingly, where applicable, PinkStreet will attempt to automatically renew the applicable PinkStreet Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with PinkStreet.


For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable PinkStreet Service(s), PinkStreet will automatically renew  such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your Account, without further notice.
  
For information about canceling your Paid Services, please see Section 6.1 below.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the PinkStreet Services you use (whether or not such PinkStreet Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any PinkStreet Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any PinkStreet Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against PinkStreet in relation to the discontinuation of any PinkStreet Services or Third Party Services, for whatever reason.

5.3. Subscription Auto-Renewals
If you are not satisfied with PinkStreet Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation of service at anytime. Please note that PinkStreet do not offer a Refund due to third party companies that are being paid to operate your service request.  PinkStreet will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. Fees paid by you are non-refundable after 24 hours of making said payment to PinkStreet. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any PinkStreet Services actually received, as permitted by law.
  
Please note: Services purchased on or through the PinkStreet is non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the PinkStreet Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. PinkStreet will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.  

 

5.4. Money-Back Guarantee
We are happy to offer a  money-back guarantee if payments are made before website is live and cancellation is before website is published for our monthly or annual website services. This may be extended according to the law.  
Please carefully check the terms of each service, since our services are non-refundable.
Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.
You will be responsible for any incorrect fees, losses and expenses that follow.

If, at any time, we record a  decline,  chargeback  or other rejection of a  charge  of any payable  Fees on your PinkStreet account  (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your  use  of PinkStreet Services may be automatically disabled or  terminated.  
  
In the event a Chargeback is performed, your Account may be blocked without the option to  re-purchase or re-use it,  and any data contained in such Account, including any domains, applications and Third Party Services may be  subject to cancellation and Capacity Loss (as defined in Section 6.3 below).  
  
Your  use  of the PinkStreet Services will not resume until you request a re-instatement for any such PinkStreet Services, and pay any applicable Fees in full along with our reinstantment fee, including any fees and expenses incurred by PinkStreet and/or any Third Party Services for each  Chargeback  received (including Fees for PinkStreet Services provided prior to the Chargeback, handling and processing  charges  and  fees  incurred by the  payment  processor).
  
If you have any questions or concerns regarding a payment made to PinkStreet,  we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent PinkStreet Services from being canceled and your  Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to PinkStreet Services purchased (and charged-back) by you.
  
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.


5.5. Chargebacks
If your account or any of your services are canceled, it may result in loss of content and data. You are responsible to back up your data and materials.
You may discontinue to use and request to cancel your Account and/or any PinkStreet Services at any time, in accordance with the instructions available on the PinkStreet Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on PinkStreet Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period unless indicated otherwise by PinkStreet.
  
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

 

6. Cancellation
6.1. Cancellation by User
Failure to comply with any of the PinkStreet Terms and/or to pay any due Fee shall entitle PinkStreet to suspend (until full payment is made) or cancel your Account as well as the provision of any related PinkStreet Services (e.g., Paid Services) or Third Party Services to you. 

 
6.2. Cancellation by PinkStreet
If your  Account or any PinkStreet Services or Third Party Services related to your Account are canceled (whether at your request or at PinkStreet’s discretion), it may cause or result in the loss of certain content, features, or capacity of your Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services  (“Capacity Loss”). PinkStreet shall not be liable in any way for such Capacity Loss, or for saving a backup of your Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a Account and/or any PinkStreet Services following their cancellation, as determined by PinkStreet in its sole discretion. PinkStreet Services are non-refundable. 

6.3. Loss of Data, Content and Capacity
If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.
You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals. PinkStreet Services come with a one year commitment to our Services. Websites and Apps payment option is to help make payment for PinkStreet Services easier. The purchase of a site is the total cost of a one year plan. If you choose to cancel before the first year, User is obligated to finish making payment for the first year plan to cover the cost associated in building and launching their digital product. 


You can use our services to sell your products, content and services online.  
You are responsible for all your sales activities, including your relationships with customers and any payment service providers.


PinkStreet Services also include certain features which enable you to sell goods, content, media and services through your Account (“User Products”, and collectively – “E-Commerce”).


You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
  By using any of our E-Commerce features, you acknowledge, warrant and agree that:
 1.    You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;  
 2.    Any Taxes indicated by the E-Commerce features provided to you by PinkStreet are solely provided for illustration purposes only, and may not be relied on in any way;
 3.    You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
 4.    You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
 5.    You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
 6.    PinkStreet may, at any time and at its sole discretion, suspend, disable access to or remove your Account and/or any User Products - whether or not incorporated, published with or made a part of your Account at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

7. E-Commerce  
We respect the intellectual property rights of others.
If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.  
PinkStreet acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). 
In the event that PinkStreet receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your Account, take your site/App  down or remove any Content in its sole discretion, with or without prior notice to you.
When using PinkStreet Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against PinkStreet with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the PinkStreet Services, please immediately report such User and/or Third Party Service to us.  You agree that your report shall not impose any responsibility or liability upon PinkStreet, and that PinkStreet may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.  

10. Misconduct and Copyrights
10.1. Misconduct and Abuse
If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.


10.2. Copyrights
We provide the PinkStreet Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that PinkStreet Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the PinkStreet Services – so please be sure to verify those before using or otherwise engaging them.


PinkStreet may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any Account and/or User Content, at any time and for any reason, with or without notice.


Notwithstanding anything to the contrary in the foregoing, in no circumstances may PinkStreet be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the PinkStreet Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, PinkStreet shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.


You acknowledge that there are risks in using PinkStreet Services and/or connecting and/or dealing with any Third Party Services through or in connection with PinkStreet Services, and that PinkStreet cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.


PinkStreet does not recommend the use of the PinkStreet Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.


Please note that certain PinkStreet Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain PinkStreet Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of PinkStreet Services at this BETA stage signifies your agreement to participate in such PinkStreet Services’ BETA testing.


11. Disclaimer of Warranties
We may monitor and edit your Account and content.
However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.


There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA, and may contain bugs or experience interruptions.
We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.


To the fullest extent permitted by law in each applicable jurisdiction, PinkStreet, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of PinkStreet Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from PinkStreet Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the PinkStreet Services;  (6) events beyond the reasonable control of PinkStreet, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties;  and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of PinkStreet Services.


You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for PinkStreet’s services to you, and such limitations will apply even if PinkStreet has been advised of the possibility of such liabilities.


12. Limitation of Liability
Subject to applicable law, we will not be liable for any damages.
You agree to defend, indemnify and hold harmless PinkStreet, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other PinkStreet Terms; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Platform or User Content and/or your use of PinkStreet Services; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

13. Indemnity
If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

14. General

PinkStreet may change, suspend or terminate any of PinkStreet Services (or any features thereof, or prices applicable thereto), and/or change any of the PinkStreet Terms with or without prior notice  - at any time and in any manner. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your Account (as further explained in Section 6 above), continue to support your then-current PinkStreet Services without enabling such changes, or provide you with alternative Services.


14.1. Changes & Updates
We may provide you with notices in any of the following methods: (1) via the PinkStreet Services, including by a banner or pop-up within the PinkStreet Website,  Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. PinkStreet’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
Inregards to changes to User Account, changes can be forwarded to services@pinkst.net. 


14.3. Notices
These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your PinkStreet Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.


PinkStreet Terms, and your use of PinkStreet Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between  PinkStreet and you.


14.4. Relationship
These terms shall constitute the sole and entire agreement between us
These Terms of Use shall constitute the entire agreement between you and PinkStreet concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between PinkStreet and you, including those made by or between any of our respective representatives, with respect to any of the PinkStreet Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of PinkStreet in entering into any of PinkStreet Terms.


PinkStreet may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the PinkStreet Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of PinkStreet. Any attempted or actual assignment thereof without PinkStreet’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎13.6 shall not in itself grant either Pinktreet or you the right to cancel any PinkStreet Services or Third Party Services then in effect.
We may assign our rights and obligations to other parties. You may only do so with our prior written consent.


14.6.  Assignment
If any provision of PinkStreet Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of PinkStreet Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.


14.8.  Interpretation
To get in touch with our Customer Service - please use any of the options listed below:
 1.    Send an email message to: hello@surdesignstudio.com
 2.    By Phone: 1 (268) 722-2197

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SUR Design Studio Ltd. 

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