Version 3 - January 21, 2016
Welcome, and thanks for using PinkPetro.com. When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the Terms of Service and Member Agreement below.Note: You are entering into a legally binding agreement.
We are a social business community and online learning platform for energy professionals.
Our mission is to unite, connect, and bring together our members in energy to enable them to be more productive, educated and successful in their careers. Our services are designed to promote opportunity for our members by enabling other professionals to meet, exchange ideas, learn, and build a trusted network of professionals.
You agree that by clicking “Join Now” “Join PinkPetro”, "Apply", "Apply Now" “Sign Up” or similar, registering, accessing or using our services (including accessing our websites and related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).
Your agreement is with Pink Petro, LLC (each, “PinkPetro”, “us” or “we”).
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You’re eligible to enter into this Agreement and you are at least our “Minimum Age.” To use the Services, you agree that: (1) you must be 18 years of age or older; (2) you will only have one account which must be in your real name; (3) you are not already restricted by PinkPetro from using the Services. If you are a student under 18, you must have permission from your legal guardian or parent to provide your contact information.
The information you submitted in your application to become a Member and the information you provide to us in other instances in connection with becoming a Member is true, correct and complete.
Your membership and acceptance of this Member Agreement will not conflict with any agreement, judgment, order or law to which you are subject.
You have the right to post, use, communicate and display the information and content you share to other Members and Visitors or provide to us.
2.2. Your Membership
We have the sole discretion to accept or reject your membership application and have the sole discretion and authority to cancel your membership for any reason, including, but not limited to, in the event you fail to comply with our community rules, applicable law or our standards of conduct or in the event the information you submitted to us in your application for membership becomes untrue.
You’ll keep your password a secret.
You will not share an account with anyone else and will follow our community rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the community rules below.
You’ll honor your payment obligations. Also, there may be fees and taxes that are added to our prices. We don’t guarantee refunds. However, unless you and we enter into a separate agreement, there is no payment penalty if you or we cancel your membership, except that you must pay us the fees and expenses incurred for the period prior to the date of termination of your membership.
When you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees plus all applicable taxes. Failure to pay these fees and any taxes may result in the termination of your subscription.
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You authorize us to continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services if you select the automated option.
You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
Taxes are calculated based on the billing information that you provide us at the time of purchase.
You can request your invoice through Customer Support at firstname.lastname@example.org or log into your membership account to print one.
2.4. Notices and Service Messages
You’re okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us. If the contact information you provide isn’t up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your profile data up to date.
Please review your Manage Email Notifications to control and limit what kind of messages you receive.
2.5. Messages and Sharing
When you share information, others can see, copy and use that information.
Our Services, including Premium Services, allow messaging and sharing of information in many ways, such as your profile, physical location, links to news articles, blogs, polls, videos, events, and shared content from other sites. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information, however this is up to you to maintain.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
You are solely responsible for anything that happens through your account and all postings, messages and communications through your account unless you close it or report misuse. We are not responsible for, and you acknowledge and agree, that we are not responsible for, monitoring the content, messages or communications of our members. Further you acknowledge and agree that we are not responsible for the content, messages or communications of our members. You will indemnify, defend and hold us and our partners, sponsors, board members, affiliates, owners, members, employees, contractors, and visitors harmless from and against all claims, damages, judgments, proceedings, orders, and costs, including reasonable attorneys and expert fees, arising from or in connection with any postings, message or communications you make or made through your account.
3. Rights and Limits
3.1. Your License with Pink Petro
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to use, display and communicate it in connection with the provision of our Services and Premium Services to our Members and/or Visitors.
We’ll honor the choices you make about who gets to see your information and content, however this is up to you to maintain. See Privacy Settings
You promise to only provide information and content that you have the right to share, and that your Pink Petro profile will be truthful, complete and not misleading.
We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to PinkPetro, you agree that PinkPetro can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful.
Pink Petro may be required by law to remove certain information or content in certain countries.
3.2. Service Availability
We may change or discontinue any of our Services. We can’t promise to store or keep showing any information and content you’ve posted.
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
3.3. Other Content, Sites and apps
When you see or use others’ content and information posted on our Services, it’s at your own risk. Third parties may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.
You agree that we are not responsible for third parties’ (including other Members’ or Visitors’) content, postings, comments or information or for any damages as a result of your use of or reliance on it.
You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your PinkPetro account, that app or site can access information on PinkPetro related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps — use these at your own risk.
We have the right to limit how you connect and interact on our Services.
We’re providing you notice about our intellectual property rights.
PinkPetro reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. PinkPetro reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Agreement or applicable law or are misusing the Services (e.g. violating any of the community rules).
PinkPetro reserves all of its intellectual property rights in the Services. For example, the PinkPetro logos and other PinkPetro trademarks, service marks, graphics, and logos used in connection with PinkPetro are trademarks or registered trademarks of PinkPetro. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, security or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, PINKPETRO (AND THOSE THAT PINKPETRO WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR SECURITY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PINKPETRO HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PINKPETRO (AND THOSE THAT PINKPETRO WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, INFORMATION, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF PINKPETRO (AND THOSE THAT PINKPETRO WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1,000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PINKPETRO AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PINKPETRO HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want and for any reason with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback
- Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6 and 7 of this Agreement;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Texas courts, applying Texas law. You agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Harris County Texas, USA, and we each agree to personal jurisdiction in those courts.
7. General Terms
8. PinkPetro Community Rules
8.1. You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
8.2. You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g.submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by PinkPetro);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on PinkPetro;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone other than yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another’s account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer);
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of PinkPetro, including, without limitation, using the word “PinkPetro” or our logos in any business name, email, or URL;
- Use PinkPetro invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact.
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by PinkPetro;
- Send messages to distribution lists or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution;
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy or use the information, content or data on PinkPetro in connection with a competitive service (as determined by PinkPetro);
- Copy, modify or create derivative works of PinkPetro, the Services or any related technology (except as expressly authorized by PinkPetro);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by PinkPetro without our express consent (e.g., representing yourself as an accredited PinkPetro expert);
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize the Service or any other feature of the Services, without PinkPetro’s consent;
- Deep-link to our Services for any purpose other than to promote your profile on PinkPetro without PinkPetro’s consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from PinkPetro without the consent of PinkPetro;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by Pink Petro, such as its mobile applications.
- Override any security feature of the Services; or Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms)
9. How To Contact Us
If you want to send us notices or service of process, please contact us ONLINE at: email@example.com or through our website at www.pinkpetro.com