Use of PV™ API and the network which supports it is offered to you (hereafter, the "Customer") by Buffalo Holdings, Ltd. (hereafter "the Company") subject to and predicated on your acceptance of these Terms of Service (hereafter, the "Terms"). Customer's use of PV™ API constitutes a legally binding acceptance of and agreement to these Terms.
"Company Content" includes and all readable audio and/or visual elements of PV™ API, including without limitation, any text, graphics, images, illustrations, photographs, animation, audiovisual works, designs, logos, and other content made available through PV™ API.
"Company Mark" shall mean the Company logo, trademark and service marks.
"Derivative Works" shall mean any and all modifications, re-creations, duplications, reproductions, digitized versions and compilations of Content, whether produced by standard photographic or recording techniques, by computer or by any other device or process, now or hereafter known, discovered, invented or devised, regardless of whether any or all such modifications, recreations, duplications, reproductions, or compilations of Content are produced intentionally or otherwise. Derivative Works include, without limitation, images in which parts or components of Content are compiled or merged with other images or digital samples such as photographs or computer representations of body parts of other persons, and synthespian works derived from Content or other Derivative Works.
"Software" is defined as any and all functional and operative elements of PV™ API, including without limitation the site's source Software, programmatic scripts, object Software, software, computer programs and other data or materials displayed upon, contained within, or underlying PV™ API.
The Company is the owner and proprietor of PV™ API. The Content and Software on PV™ API (hereafter, the "Company Content") are provided to the Customer for limited, non-exclusive use pursuant to Customer's adherence to these Terms.
The Company Content on PV™ API is owned by the Company its affiliated companies, subsidiaries and/or its licensors and content providers, and is protected by all applicable domestic and international copyright laws and treaties. Except as expressly granted permission to do so by the Company in these Terms, the Customer shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Company Content associated with PV™ API, in whole or in any part. Any and all rights not expressly granted to the Customer herein are reserved by the Company. Any violation of copyright laws may result in severe civil and/or criminal penalties.
PV™ API and the PV™ API logo are trademarks and service marks belonging to the Company. Any product, service, or trade name other than those owned by the Company that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any use of PV™ API and the Company Marks by Customer, except as expressly permitted by the Company in these Terms, is strictly prohibited.
The Company grants Customer a non-exclusive, non-transferrable, limited right and license to access and use Company Content, and to create certain Authorized Derivative Works. Customer may only develop and use these Authorized Derivative Works for means and purposes approved by the Company and subject to these Terms. Upon approval by the Company of an Authorized Derivative Work, the Customer hereby grants the Company a non-exclusive, perpetual license to use the Authorized Derivative Work. The Company reserves the right, in its sole discretion, to revoke the Customer's non-exclusive license to use the Company Content at any time. Any other use or exploitation of PV™ API or Company Content is strictly prohibited. Customer hereby acknowledges and agrees that Customer does not acquire any ownership rights to Company Content by virtue of using and/or accessing PV™ API. Customer hereby acknowledges and agrees that any unauthorized modification of Company Content shall constitute a violation of these Terms, and a violation of the Company's copyright and/or other intellectual property rights. Customer hereby agrees that any violation of these Terms on the part of the Customer may result in termination of Customer access to PV™ API and to Company Content. Customer hereby agrees not to interrupt, or attempt to interrupt, the operation of PV™ API in any way.
Upon registration for PV™ API, the Company will issue to the Customer a username and password to be used for future access to PV™ API and the Company Content therein. Customer hereby agrees to keep Customer's username and password in strict confidence, and further agrees not to allow family members, friends, business associates, or any other manner of third party to use Customer's username and password, or to provide any third party with unauthorized access to Company Content. Customer shall not publish the username and password on any website, nor transmit the username and password through any unsecured means. In the event that Customer's username and password is compromised, the Company reserves the right to terminate Customer's access to PV™ API and the Company Content. If Customer's access to PV™ API and/or the Company Content is terminated as a result of Customer's violation of these Terms, Customer hereby forfeits Customer's non-exclusive license to create Authorized Derivative Works granted under these Terms.
Upon issuance of a username, password and Authorized API Key by the Company to Customer, the Company thereby grants the Customer a non-exclusive, non-transferable, limited right and license to produce Authorized Derivative Works using Company Content in accordance with these Terms, and within the scope of the Permitted Use of Authorized Derivative Works defined below. Only one API Key will be provided for each Derivative Work. Customer must obtain a new API Key for each Derivative Work.
Upon, or prior to, completion of a Derivative Work, Customer must submit the Derivative Work for review and approval by the Company, using the Application Submission Approval form located within the Developer's Admin on the PV™ API website. Approval is contingent upon adherence to these Terms, and may be revoked at any time, in the sole discretion of the Company, for violations of these Terms.
Customer may only use the Authorized Derivative Works and Company Content therein for purposes approved by the Company, and to advertise and promote products and properties owned, operated, and/or distributed by the Company. Any commercial use of the Authorized Derivative Works and/or Company Content that is not authorized by the Company may result in immediate revocation of Customer's non-exclusive, non-transferable, limited right and license to the Company Content and Authorized Derivative Works. If there is any doubt whether Customer's intended use of an Authorized Derivative Works satisfies these terms, Customer should contact the Company to obtain express, written authorization for that use. Customer is not authorized to create Derivative Works of Company's trademarks and logos. Customer's Derivative Works shall not, in any way, portray the Company in a bad light or tarnish Company's brand.
Customer may not use Company Content or Authorized Derivative Works for any purpose that fails to conform with these Terms or with Applicable Law. Customer may not use Company Content or Authorized Derivative Works to promote any third-party product, service or property. Customer may not resell, lease, rent, sub-license or otherwise transfer Authorized Derivative Works and/or Company Content to any other party or entity. Customer may not use Company Content or Authorized Derivative Works in any way that is considered by the Company or under Applicable Law to be obscene, infringing, defamatory, or libelous, or that is reasonably believed to bring any person or property depicted in the Company Content into disrepute. Customer may not use Company Content in any way that suggests that the Company or any individual or property depicted in Company Content endorses any business, business, product, service, cause, association or other endeavor, except as expressly permitted by the Company. To the extent that the Authorized Derivative Works includes source code that is the property of the Company, Customer may not reverse engineer, decompile or disassemble such source code. Customer may not remove any notice of copyright, trademark or other proprietary or intellectual property right from any place where such is depicted within the Company Content.
The Company reserves the right to terminate Customer accounts and Customer's Authorized API Key at any time, with or without cause, at the sole discretion of the Company. Delivery of notice via e-mail shall be considered sufficient notice of termination to Customer.
You consent to receive communications from us electronically and, upon your cancellation, hereby explicitly authorize pinkvisualpass.com, its affiliates and/or subsidiaries to send follow up emails, text messages or correspondence to your registered email account and/or phone number regarding promotional offers. 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.
Customer agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, successors and assigns from and against any claims arising from a breach of Customer's representations, warranties or promises herein made, including, without limitation, any loss, damage, liability (including reasonable attorneys' fees and costs) resulting from the use of any Company Content or other Company materials in a manner not expressly authorized under these Terms. Customer further agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, successors and assigns from and against any claims arising from or in connection with Customer's use of Company Content and/or Authorized Derivative Works.
Under no circumstances and under no cause of action or legal theory shall the Company, its officers, directors, employees, agents or assigns, be liable to Customer or any other person for any indirect, special, incidental, or consequential damages of any kind, including, without limitation, damages for loss of goodwill, computer failure or down-time or any other commercial damages resulting from any use of Company Content or Authorized Derivative Works.
This Agreement shall be governed and construed pursuant to the laws of the state of Arizona. Any dispute arising hereunder shall be resolved by binding arbitration before one (1) arbitrator in Tucson, Arizona in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA"). The AAA shall select the arbitrator.
Customer's acceptance of these Terms (by clicking "I agree to Terms of Service") and the subsequent transmission of the Sign Up form means that Customer agrees to be bound by the Terms set forth in this Agreement and the Company agrees to become a counter-party to the Agreement. The date of execution shall be the date on which the Company receives the Sign Up form submitted by Customer.