Terms & Conditions

Terms and Conditions

The following terms and conditions (the “Terms of Use” or “Terms”), including the terms and conditions of any other policies the Terms link or refer to, govern your access to and use of ultrapink.com or other services from which you are accessing these Terms (individually and collectively referred to herein as a “Site”). The Site is made available by Intermarket Apparel LLC dba ULTRA PINK, and its parent, subsidiary and affiliate entities worldwide (collectively, “Company,” “we” or “us”). The terms “you,” “your,” and “user” refer to anyone who accesses or visits the Site.

We reserve the right to change these Terms from time to time without notice to you, and any such changes will be effective upon publication on the Site.

Please note that all options available on www.ultrapink.com may not be available on any mobile applications where the Site is accessed using a mobile device.

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ARE OTHERWISE DISSATISFIED WITH THE SITE, PLEASE DO NOT ACCESS OR USE THE SITE.

PLEASE NOTE: SECTION 22 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE

1. Our Proprietary Rights

Except for your Submitted Materials (as defined in Section 5 below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Site, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.

2. Limited License

Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Site and Site Content on your computer or other device, provided that you comply fully with these Terms. The Site and Site Content are for your personal, educational and non-commercial use only. No part of the Site or Site Content (or any of our products advertised or sold on the Site) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.

3. Trademarks

The trademarks, logos, service marks and trade names displayed on the Site or as part of the Site Content (including, without limitation, PINKY, ULTRA PINK, LAUREN HANSEN) are registered and unregistered trademarks of the COMPANY and other persons (collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Site should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.

4. User Accounts

Using certain features on the Site may require creating an account (“Account”) and submitting personal information (including creative a username and password used to access the account). The Site’s information collection and use policies are set forth in the Site’s Privacy Policy , which is incorporated herein by this reference. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Site for any reason.

5. Submitted Materials

Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, reviews, ratings, feedback or other materials submitted or transmitted through the Site in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.

By submitting, uploading, posting or sending Submitted Materials to, on or through the Site, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Site for our use, in accordance with these Terms and with any purposes that may be described on the Site, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Sites), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.

6. Rules of Conduct

While accessing or using the Site, the Site Content and the various other features available on the Site (such as the Forums, as defined below), you warrant and agree that you shall not:

violate any law, rule or regulation;
violate the security of the Site, or obtain or attempt to gain unauthorized access to the Site, Site Content, computer systems or networks connected to any server associated with the Site or the Site Content;
impersonate any person or entity, whether actual or fictitious, including anyone from the Site or the Company, or misrepresent your affiliation with any other person or entity;
stalk, harass or harm another individual;
insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any Forum or any other areas of the Site;
use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Site or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Site or in a Forum;
alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information through the Site, including, without limitation, any information residing on any server or database connected to the Site;
use the Site or their features in any manner that could interrupt, damage, disable, overburden or impair the Sites or such features, or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Site or its services or any software on the Site;
create any links from the Site (or include any links in your submissions to any Forum or any other part of a Site) directed to websites or content owned or maintained by third parties;
frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
use the Site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
use the Site or their services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.

7. Public Forums

The Site may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, ratings and reviews, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms apply to your use of the Forums as part of the Site. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Site and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.

8. Right to Monitor and Editorial Control

We may (but have no obligation to) monitor or review anything submitted to the Site. We neither sponsor, endorse, control, nor bear responsibility for any such materials. However, we may disclose any information or materials (including your Submitted Materials) as necessary to satisfy any law, regulation or government request, or we may edit, refuse to post or remove any such content, in whole or in part, which violate these Terms, our policies or applicable law, or which in our sole discretion are objectionable. Using the Site may expose you to content of others that may be offensive, indecent, or objectionable to you, and we are not liable for such content.

9. Indemnification

You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys' fees, arising from (i) your use of the Site or the Site Content in violation of any law, rule, regulation or these Terms, or (ii) any part of your Submitted Materials. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.

10. Orders

You may order products from the Site only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Site may be subject to additional terms and conditions presented to you during such purchase or download. By ordering products from the Site, you agree that you are bound by and have rights under these Terms as well as our Privacy Policy, our Shipping Policy, our Payment Policy our Return and Exchange Policy and our Warranty and Repair Policy, which are incorporated by reference into these Terms.

We reserve the right to refuse any order you place through the Site. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through any of the Sites for commercial purposes.

By purchasing from the Site, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect on any unpaid debt and to obtain credit card authorization. Our information collection and use policies are set forth in the Site’s Privacy Policy, which is incorporated herein by reference.

Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Site may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between seasons. Prices displayed on ultrapink.com are quoted in USD and are valid and effective only in the U.S.

11. Pricing and Other Errors

We have made every effort to display as accurately as possible the colors and features of our products on the Site. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Site is not accurate, complete or current.

From time to time, information on the Site might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the Site. Any reliance on the information on the Site is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Site Content without prior notice.

Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.

12. Linking to the Site

You agree that: (a) if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Site, such as using an “in-line” or “deep linking” linking method, including to cause the image to be displayed on another website; and (c) you may not link from any other website to a Site in any manner such that it or any of its pages is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, in our sole discretion, insist that any link to a Site be discontinued, and we may revoke your right to link to the Sites. The framing, mirroring, scraping or data-mining of the Sites or any of the Site Content in any form and by any means is strictly prohibited.

13. Third-Party Websites

You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from the Site to third-party websites, applications and services, and third-party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.

14. Third-Party Websites & App Stores

Certain third party providers, with whose devices and/or operating systems our mobile applications have been designed to be compatible, oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms in Section 23.

Third party application stores are operated by the relevant third party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download any mobile applications. We are not responsible for these stores or (with the exception of our mobile applications) for anything provided by them and do not guarantee that they will be continuously available.

15. Promotions

The Site may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Site, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.

16. Disclaimer of Warranties

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL FORUMS, SITE CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITE, THE FORUMS, THE SITE CONTENT, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT INCORPORATED HEREIN). THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SITE, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITE, LOST BUSINESS OR LOST SALES, PROFITS, OR GOODWILL, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF ANY SITE, OR (B) ONE HUNDRED DOLLARS ($100). ALL USERS OF THE SITES UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

18. Jurisdictional Issues

The Site is intended for users located in the United States of America [and Canada]. We generally control and operate the Sites from our office in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who access or use the Site from other locations are responsible for compliance with any applicable local laws. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

19. Termination

We may terminate, change, suspend, restrict or discontinue any aspect of the Site at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or termination of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Site and Site Content, and anything connected with, relating to or arising therefrom.

20. Miscellaneous

These Terms, as may be amended from time to time, including the terms and conditions of any other policies the Terms link or refer to, constitute the entire agreement between you and the Company with respect to the access to and use of the Sites and the content. These Terms and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. Any cause of action arising under the Terms shall be commenced and be heard in the appropriate court in the State of New York, County of New York. Subject to Section 22 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be 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 the Terms shall remain in full force and effect. All provisions of these Terms that consist of or relate to notices, ownership of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Sites or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of these Terms. We reserve all rights not expressly granted in these Terms. The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language.

We respect the intellectual property rights of others, and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:

• Your postal address, telephone number, and email address;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the alleged infringing material is located;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ULTRA PINK, Legal Department

1410 Broadway, suite 1804

New York, New York 10018

Tel: 212-869-3150

Fax: 212 869-6191

Email: customerservice@ultrapink.com

Notice of Claimed Copyright Infringement

You agree that any dispute or claim arising out of your use of the Site or any products sold on the Site, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on the Company by mailing it to insert address pursuant to the JAMS instructions. The Company will bear the reasonable cost of your initial filing fee.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each expressly waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

21. Contact Us

Please direct questions or comments about the Site, these Terms, or any products you purchased through the Site to:

ULTRA PINK

1410 Broadway, suite 1804

New York, New York 10018

Tel: 212-869-3150

Fax: 212 869-6191

Email: customerservice@ultrapink.com

22. Disputes

23. Third-Party Provider Terms

If the mobile application that you download, access and/or use runs on Apple's iOS operating system:• The mobile application may only be accessed and used on a device owned or controlled by you and using Apple's iOS operating system, and only in accordance with Apple's usage rules published in its App Store terms of service;

You acknowledge and agree that:-Apple has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the mobile application, please contact us, not Apple, using the contacting details set out in Section 21 of these Terms;-except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the mobile application are between you and us (and not between you, or anyone else, and Apple); -in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the mobile application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and-although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;

You represent and warrant that: (a) you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and (b) you are not listed on any United States Government list of prohibited or restricted parties; and

If the mobile application does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the mobile application (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the mobile application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the mobile application or relying on any of its content.