This website (the “Site”) is owned and operated by NINTH STUDIO, (“PIMPSTAR”), the manufacturer of PIMPSTAR and other products. By viewing or using our Site, you agree to these Terms and Conditions, and those promulgated by PIMPSTAR from time to time. PIMPSTAR reserves the right to amend, change or modify these Terms and Conditions at any time, with or without notice to you. By using the Site after we post any such changes, you hereby agree to such modified terms. If you do not agree to any of these Terms or Conditions or any changes made by PIMPSTAR hereafter, you may simply exit the Site.
This Site is operated by PIMPSTAR, from its offices in Gothenburg, Sweden. PIMPSTAR makes no representation that content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity or other laws is strictly prohibited. Those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.
The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site (including product models and availability, dealer locations, rider names, etc.) is timely and accurate; however, errors do appear from time to time. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link. We may from time to time place a button or link to the website of another individual or company. Any links on this Site are designed for convenience only, and do not constitute an endorsement by PIMPSTAR of that site, its owner or host or the products or services offered or listed on such site.
All text, images, graphics, logos, icons, design elements, trademarks, trade dress and other Site content, as well as the specific arrangement thereof, are Copyright © 2010 – 2011, Ninths Studios. or its licensors, Övre Husargatan 2, S-41122 Gotenburg, Sweden. All rights reserved.
OWNERSHIP OF SITE CONTENT
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other Site content (collectively referred to herein as the “Site Content”) are the exclusive property of PIMPSTAR or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PIMPSTAR and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. PIMPSTAR grants you no express or implied rights by way of your permitted downloading of copyrighted material.
RESTRICTIONS ON YOUR USE
Your use of this Site is pursuant to a single-copy revocable license granted to you. As a condition of your use of this Site, you warrant to PIMPSTAR that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by PIMPSTAR. This means that you may access the Site using a browser and you may download one copy of the Site Content on a single computer for your own personal and non commercial internal use. You shall not: (a) modify the Site Content, in whole or in part; (b) use the Site Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) de compile, reverse engineer, or disassemble software materials; (d) remove any copyright notice or other proprietary notices from the Site Content; or (e) assign, transfer or export, or attempt to assign, transfer or export, the Site Content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the Site Content.
The trademarks, logos and any designs used or displayed on the Site are trademarks and/or service marks owned by NINTH STUDIO or, on occasion, used by PIMPSTAR under license from another third party. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of PIMPSTAR, is strictly prohibited. Other trademarks, service marks, trade names and company logos utilized in the Site are the property of their respective owners. All rights reserved.
LINKING AND FRAMING
As a matter of policy, PIMPSTAR does not permit you to create or post a link or a frame to any PIMPSTAR site (including this Site) without PIMPSTAR’s prior written approval. If you wish to link to the Site, please contact us at firstname.lastname@example.org, to apply for permission to do so.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR RISK. NEITHER PIMPSTAR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PIMPSTAR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL PIMPSTAR OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN NO EVENT SHALL PIMPSTAR (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, EVEN IF PIMPSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PIMPSTAR IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CONTENT YOU POST
You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PIMPSTAR’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in PIMPSTAR’s discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on line services, whether or not such other services are competitive with PIMPSTAR. By submitting material to any public area of the Site, including but not limited to chat rooms, you automatically grant (or warrant that the owner of such material has expressly granted) PIMPSTAR the royalty free, perpetual, irrevocable, non exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You hereby grant PIMPSTAR the right to edit, copy, publish and distribute any material made available on the Site by you. PIMPSTAR shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with these Terms and Conditions or any operating rules established by PIMPSTAR and to satisfy any law, regulation or authorized government request. PIMPSTAR shall have the right in its discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, PIMPSTAR shall have the right to remove, at any time and without notice to you, any material that PIMPSTAR, in its discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
NINTH STUDIO may, from time to time, randomly select a member of the PIMPSTAR mailing list to receive free goods. This promotion is good only while supplies last. Recipients (and their parents, if a minor) shall be required to execute a release and consent document in favor of PIMPSTAR as a prerequisite to claiming any shoes. Recipients agree that their name, certain biographical information, and/or a photograph of them, may be used by PIMPSTAR, without further compensation, in any publicity. PIMPSTAR, reserves the right to amend these rules at any time in its discretion. Winners are responsible for all taxes in connection herewith. The contest rules shall be interpreted according to the substantive laws of the country of Sweden, without regard to choice of law principles. THIS PROMOTION IS VOID WHERE PROHIBITED OR WHERE PRIOR REGISTRATION OR OTHER FILINGS OR NOTICES ARE REQUIRED UNDER LAW.
NO PURCHASE NECESSARY.
This agreement is effective until terminated by PIMPSTAR, at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
This Site, and its use, shall be governed by the substantive laws of the country of Sweden. The exclusive jurisdiction and venue for any dispute or litigation arising out of or related to the Site, its content, these Terms and Conditions or your use of the Site shall be the country court. Any rights not expressly granted herein are reserved by PIMPSTAR. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of PIMPSTAR to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the PIMPSTAR Site, regarding each user’s relationship with PIMPSTAR and supersedes any prior statements or representations.
PIMPSTAR welcomes your comments. If you have questions or comments about our policies, feel free to send us an e mail at: email@example.com
All text, images, graphics, logos, icons, design elements, trademarks, trade dress and other Site content, as well as the specific arrangement thereof, are Copyright © 2010-2011, ”PIMPSTAR”., Sveagatan 16A, S-41314 Gothenburg, Sweden. All Rights Reserved.
PIMPSTAR ONLINE PRIVACY STATEMENT
Thank you for visiting this website. NINTH STUDIO. (hereinafter “PIMPSTAR,” “we” or “us”) has created this Online Privacy Statement to demonstrate our firm commitment to your privacy. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used by us. This notice discloses our information gathering and dissemination practices for each of the PIMPSTAR websites (each a “PIMPSTAR Site” and, collectively, the “PIMPSTAR Sites”).
Although our computer systems are currently based in Sweden, we operate internationally. Your personal data will be processed by us in Sweden where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world, such as in North America. By visiting the PIMPSTAR Sites from outside of Sweden, you consent to the collection and processing in Sweden of your identifiable information.
1. THE INFORMATION WE COLLECT
We use the information that you provide to respond to your requests, assist our sales team to reach an appropriate audience, improve our stores and the PIMPSTAR Sites, manage our contests, and to communicate with you. Here are the types of information we gather.
1. Information You Give Us. You can enter certain information on the PIMPSTAR Sites, including your name, age, e-mail address, survey information or other site registration data, hobbies, interests and your URL. You can choose not to provide certain information, but then you might not be able to take advantage of some of the features of the PIMPSTAR Sites.
2. Automatic Information. Certain data is automatically collected from you and all visitors whenever you visit any of the PIMPSTAR Sites. This data includes your IP address and the type of browser you use to surf the Internet. Your IP address tells us both your Internet Service Provider (ISP) and the general geographic location from where you are connecting. We may also use your IP address to track the date and time you accessed the PIMPSTAR Site, how long you stayed at the PIMPSTAR Site, and what pages you visited. If you have configured your browser with your e-mail address, this data may also be available to us.
3. Cookies. Like many websites, PIMPSTAR makes use of “cookies” on the PIMPSTAR Sites. A cookie is a file transferred from a website to the hard drive of your computer so that the website may track your activities on the website. Cookies, by themselves, do not let a website know any personally identifying information about you, such as your real name, address, etc., unless you previously provided that information at the website or have set your preferences in your browser to provide that information. PIMPSTAR does not collect personally identifiable information about any one person using cookies. Cookies technology allows PIMPSTAR to keep track of the sites you visit and store your preferences. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, now to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
4. Blog Comments. If you wish to participate in the “blog comments” or any other “chat room” type feature offered on any PIMPSTAR Site, you will be asked to enter your name, e-mail address, and URL. When posting a comment, you can do so under a pseudonym. If you do choose to post any information about yourself, please be aware that PIMPSTAR cannot control and assumes no responsibility for the collection, use or misuse of this publicly accessible information by other visitors to the PIMPSTAR Sites.
5. Surveys. Occasionally, PIMPSTAR will request you to fill out a user survey. Such surveys are optional to you, the users, but these surveys allow PIMPSTAR to better understand the demographics and interests of our users. Your responses in combination with the responses of our other users help PIMPSTAR to improve the PIMPSTAR Sites.
6. Contests. PIMPSTAR may occasionally run contests, sweepstakes, or other promotions sponsored by PIMPSTAR or our partners and sponsors. As part of entering the contest, PIMPSTAR may request your name, age, e-mail address and mailing address. PIMPSTAR may share such information with the third party sponsors. Any information supplied to a third party may be retained by such third party and will be out of the control of PIMPSTAR.
7. E-Mail. If you contact PIMPSTAR through the regular mail or via e-mail, PIMPSTAR may keep a record of that correspondence. Any personally identifiable information contained within your communication will not be used for a commercial or unlawful purpose.
8. Newsletter/Bulletin. PIMPSTAR may produce a newsletter or email bulletin. If you choose to subscribe to this feature, you may be asked to provide your e-mail address and mailing address. Your e-mail address will be used only by PIMPSTAR to distribute the newsletter or bulletin and any promotions or marketing that we feel may be on interest to you. To no longer receive newsletters or bulletins, please review how in Section 4 of this Online Privacy Statement.
2. HOW WE USE THE INFORMATION
PIMPSTAR puts the non-personally identifiable information gathered whenever you visit the PIMPSTAR Sites and the information volunteered by you to several uses.
1. Your IP address is used to assist us in diagnosing problems with our server and to administer the PIMPSTAR Sites.
2. We may use the information provided to perform statistical analyses of the characteristics and behavior of the users and decide where to invest our resources. We may use this information to update the PIMPSTAR Sites, to notify you about information that may be of interest to you, or display content for which you may have shown a preference.
3. We may use personal contact information volunteered by you for promotional and/or marketing purposes.
4. If you provide us with your telephone number, you will only receive a telephone call from us with information in relation to a contest.
3. WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?
1. Unless required by law, user information provided by you, including but not limited to demographic information, will not knowingly be shared with third parties that are unaffiliated with PIMPSTAR, with the exception of third party sponsors of contests.
2. User information provided by you, including but not limited to demographic information, may be shared with affiliates or partners of PIMPSTAR, and may be used for promotional and/or marketing purposes.
3. From time to time, PIMPSTAR may offer contests and sweepstakes sponsored by third party business or in connection with third party content providers. PIMPSTAR may share with such third parties entrant information collected by PIMPSTAR. PIMPSTAR encourages all third parties to adhere to our policies regarding the privacy of our users, but PIMPSTAR is not responsible for the privacy practices or the third parties use of such information.
4. PIMPSTAR responds to subpoenas, warrants or other court orders regarding information that is contained within our access logs concerning any user. PIMPSTAR also reserves the right to release the information concerning a user who we believe is in violation of our content guidelines, even without a subpoena, warrant, or other court order. PIMPSTAR cooperates with law enforcement agencies in identifying those who use our servers for illegal activities. We also reserve the right to report any illegal activity to law enforcement for prosecution.
4. WHAT CHOICES DO I HAVE TO CONTROL MY INFORMATION?
You have the opportunity to opt-out of receiving communications from us and/or to opt out of permitting us to share your information with affiliates and third parties sponsors by sending us an email at firstname.lastname@example.org, clicking “Unsubscribe” in the newsletter or sending us a letter at Webmaster PIMPSTAR, Sveagatan 16A, S-41314 Gothenburg, Sweden and telling us that you do not want us to send you any communications and/or permit us to share your information with affiliates or sponsors of our contests.
5. THE PRIVACY OF MINORS
1. PIMPSTAR believes that it is particularly important to protect the privacy of minors online. PIMPSTAR defines a “minor” as any person less than 15 years of age. PIMPSTAR does not knowingly share personal information about minor users with third parties without a parent’s permission.
2. PIMPSTAR recommends that parents review our Online Privacy Statement before allowing their children to access the PIMPSTAR Sites, especially the message board or blog areas. Children should always ask a parent for permission before sending personal information to anyone online. They should also be instructed not to fill out any forms or register at any domain without a parent’s knowledge and consent.
6. HOW DO WE PROTECT THE USER DATA WE COLLECT?
We employ several physical, electronic and managerial safeguards to protect collected user data.
1. All users should be aware while using any service where you disclose personal information online voluntarily, including on message, bulletin boards or blog, or through e-mail, that such information can be collected and used by others. If you use these services on the PIMPSTAR Sites and voluntarily provide any information on our blog areas, you do so at your own risk. PIMPSTAR cannot make any representations regarding the security of such transfer of information.
2. You should be aware that the PIMPSTAR Sites contain links to outside sites. PIMPSTAR is not responsible for the privacy practices or the content of such websites.
3. PIMPSTAR reserves the right to change or modify this Online Privacy Statement at any time by posting such change or modification on this page. Users should check this page regularly for such updates. However, we stand behind the promises we make, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of the affected customers.
4. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal right in or on behalf of any party.
8. CONTACTING PIMPSTAR
If you have any questions about this Online Privacy Statement, the practices of the PIMPSTAR Sites, or your dealings with any of the PIMPSTAR Sites, please send an email to email@example.com or send us a letter at PIMPSTAR, Sveagatan 16A, S-41314 Gothenburg, Sweden, Attention: Webmaster.