terms of use

welcome to pursueyourpink (the "website"), owned and operated by serene whimsy llc ("company," "we," "us," or "our"). these terms of use ("terms") govern your access to and use of the website located at privacy policy. if you do not agree to all of these terms, you must not access or use the website.

1. eligibility and age requirement

the website is intended solely for users who are thirteen (13) years of age or older. by using the website, you represent and warrant that you are at least 13 years old. if you are under 18 years of age, you represent that you have reviewed these terms with your parent or legal guardian and that they agree to these terms on your behalf.

2. services and accounts

a. subscriptions and newsletters

we offer free subscription options where you can sign up to receive our weekly newsletter and other promotional or informational emails. you may unsubscribe from these communications at any time by clicking the "unsubscribe" link at the bottom of our emails.

b. membership tiers

the website offers restricted-access content and features through various membership tiers, including a free tier with access to basic content, newsletters, and public community features, and two paid membership tiers that provide premium content, exclusive access, and other member-only benefits. the specific benefits associated with each paid tier are described on the website at the time of purchase and form part of the express agreement between you and the company regarding your membership.

c. account registration and security

to access certain features or membership tiers, you may be required to register for an account and provide information such as your name, email address, billing address, and physical address. you agree to provide accurate, current, and complete information; maintain the security and confidentiality of your login credentials; promptly update your account information if it changes; and notify us immediately at privacy@pursueyourpink.com of any unauthorized use of your account.

3. billing, payments, and cancellations

a. fees and billing

by signing up for a paid membership tier, you agree to pay the specified monthly or annual subscription fees, along with any applicable taxes. all payments are processed securely through our third-party payment processor.

b. automatic renewal

your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. we will send you a reminder prior to each renewal.

c. cancellation policy

you may cancel your paid membership at any time through your account settings portal or by contacting us at privacy@pursueyourpink.com. if you cancel, you will continue to have access to your paid membership benefits until the end of your current billing period. we do not offer refunds or credits for partial membership periods or unused content when you voluntarily cancel.

4. intellectual property rights

a. our content

unless otherwise indicated, the website and all of its contents — including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of serene whimsy llc, its licensors, or other providers, and are protected by united states and international copyright, trademark, patent, trade secret, and other intellectual property laws.

b. limited license

we grant you a personal, non-exclusive, non-transferable, revocable, and limited license to access and use the website and our content solely for your personal, non-commercial use.

5. user-generated content (ugc)

a. user content standards

the website may contain interactive features where users can post, submit, publish, display, or transmit content (collectively, "user content"). you are solely responsible for any user content you post and represent that you own or control all rights in your user content and that it does not violate any third-party rights.

b. license grant to us

by posting user content to the website, you acknowledge and agree that you grant serene whimsy llc a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such user content in any media. you acknowledge this license each time you submit user content.

c. deletion requests

you may request deletion of your account and the removal of your user content from future display on the website by contacting us at privacy@pursueyourpink.com. content that has already been shared, republished, or incorporated into materials prior to your deletion request may remain in circulation.

6. account suspension and termination

we reserve the right to suspend or terminate your access to the website immediately and without notice if you violate these terms. in the event of termination for cause, no refund of prepaid membership fees will be provided. if we terminate your paid membership for reasons unrelated to a violation of these terms, you will be entitled to a pro-rata refund of any prepaid membership fees for the unused portion of your then-current billing period.

7. prohibited uses

you agree to use the website only for lawful purposes and in accordance with these terms. you agree not to use the website in any way that violates any applicable law; engage in conduct that restricts anyone's use or enjoyment of the website; use any automated device to access the website; introduce malicious materials; or attempt to gain unauthorized access to any parts of the website.

8. contests, sweepstakes, and promotions

any promotions made available through the website may be governed by specific rules that are separate from these terms. if the rules for a promotion conflict with these terms, the promotion rules will govern with respect to that promotion.

9. third-party links and services

our website may contain links to third-party websites, services, or resources. these links are provided for your convenience only. we have no control over the contents of those sites or resources and accept no responsibility for them.

10. disclaimer of warranties

your use of the website, its content, and any services obtained through the website is at your own risk. the website is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. to the fullest extent provided by law, the company disclaims all warranties of any kind, including warranties of merchantability, non-infringement, and fitness for particular purpose.

notwithstanding the foregoing, nothing in this section shall limit or exclude the specific membership benefits expressly described in your paid membership tier at the time of purchase.

11. limitation of liability

to the fullest extent provided by law, in no event will serene whimsy llc be liable for damages of any kind arising out of or in connection with your use of the website. our total aggregate liability shall not exceed the greater of fifty dollars ($50) or the total amount paid by you to the company in the twelve (12) months preceding the event giving rise to the claim.

the limitations set forth in this section shall not apply to liability arising from the company's gross negligence, willful misconduct, or fraud.

12. indemnification

you agree to defend, indemnify, and hold harmless serene whimsy llc, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these terms or your use of the website.

13. governing law and jurisdiction

all matters relating to the website and these terms shall be governed by and construed in accordance with the internal laws of the state of new york without giving effect to any choice or conflict of law provision.

14. dispute resolution and binding arbitration

please read this section carefully. it affects your rights, including your right to file a lawsuit in court.

a. informal dispute resolution

before filing a formal claim, you and serene whimsy llc agree to try to resolve any dispute informally by sending an email to privacy@pursueyourpink.com. we will attempt to resolve the dispute within thirty (30) days. this informal resolution period is a mandatory condition precedent to initiating any arbitration proceeding.

b. binding arbitration

if the dispute is not resolved within thirty (30) days, either party may initiate binding arbitration in new york, new york, before one arbitrator, administered by JAMS.

c. class action waiver

you and the company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

d. exceptions to arbitration

either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent infringement or violation of intellectual property rights.

15. geographic scope

the website is primarily intended for users located in the united states. if you access the website from outside the united states, you do so on your own initiative and are solely responsible for compliance with applicable local laws.

16. amendments and modifications

we may revise and update these terms from time to time. when we make material changes:

• registered subscribers and members will receive an email notification summarizing the changes. your continued use of the website after the date specified in the notification (no fewer than fifteen (15) days from the email) constitutes acceptance.
• all other visitors will be notified via a conspicuous banner on the website for no fewer than thirty (30) days. continued use after this notice period constitutes acceptance.

17. successors and assigns

these terms shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. the company may freely assign or transfer its rights and obligations under these terms to any successor entity without notice to or consent from you.

18. severability and waiver

if any provision of these terms is held to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect.

19. entire agreement

these terms of use, together with our privacy policy and any separate promotion rules, constitute the sole and entire agreement between you and serene whimsy llc regarding the website.

20. contact information

serene whimsy llc
dba pursueyourpink
new york, ny
email: privacy@pursueyourpink.com