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(b) We May Modify This Agreement. We reserve the right, in our sole discretion, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the bottom of the document. All such changes will be effective immediately upon posting, and each time you use our Site, you agree anew to the terms of this Agreement. Because you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of the Site, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.
(c) Who Is Eligible to Use the Site. We provide the Site to persons who are 18 years of age or older if:
(i) Your agreement to the terms of this Agreement is legally binding. This means that the law governing where you are and in the State of California permits you to enter into contracts and to be bound by their terms. Throughout the United States, the minimum age for entering into contracts is 18. If you are under 18 in the U.S. and wish to use the Site, you will need to be either an emancipated minor or have the consent of your parent or legal guardian.
(ii) Your use of the Site does not violate the law that applies to you.
USE OF THE SITE IS VOID WHERE PROHIBITED
(d) Availability of Site. Those accessing the Site from outside the United States understand and acknowledge that we make no warranties that the Site is legally accessible under your country’s laws. Users who choose to access the Site from outside of the United States do so at their own initiative and risk and are responsible for compliance with any and all local laws and regulations that may apply to such access.
(e) Use At Your Own Risk. There are risks to using the Internet and visiting websites. You agree that you will use the Site at your sole risk.
(i) Personal Risk. We develop, operate, and provide access to the Site for the benefit of our customers and prospective customers. If and when we offer forums for conversations among our Users, we cannot and do not guarantee that every member of our community is honorable, honest, or all (or who) they claim to be, and we do not review User projects, postings, correspondence, advertising, or other contributions for accuracy or compliance with law. Please use common sense at all times. We take no responsibility for policing the Site to keep Users safe from each other; however, we will respond promptly to complaints of bullying, harassment, ad hominem attacks, misleading or false information and the like in connection with our Site.
(ii) Intellectual Property Risk. We take no responsibility for policing the Site to protect intellectual property laws; however, we will respond promptly to infringement complaints submitted pursuant to the Digital Millennium Copyright Act set forth below in this Agreement, and to complaints about defamation and misleading or false information and the like.
(iii) Property Risk. You accept risk to your computer and other electronic equipment by accessing the Internet. Similarly, you accept this risk when you access our Site. We do what we can within reason to keep our Site free from viruses and other malware but we do not guarantee that there are or will be none. Please consider installing anti-virus and other similar software on your computer equipment to help protect against these risks.
(f) Recognition of Domestic and International E-Commerce Law. We make every reasonable effort to act responsibly on the worldwide e-commerce stage. Therefore, we have taken steps to practice e-commerce consistent with all applicable guidelines and law governing e-commerce and Internet privacy and security, including: (i) the guidelines promulgated by the Organization for Economic Co-operation and Development (OECD); (ii) General Data Protection Regulation (GDPR), a comprehensive European data privacy law; (iii) Children's Online Privacy Protection Rule (COPPA), a U.S. law protecting children; (iv) California Consumer Privacy Act (AB 375) (CCPA); and (v) California Online Privacy Protection Act (CalOPPA). If you believe we are operating in any way in conflict with applicable law, please notify us immediately at the contact information at the bottom of this document so that we may investigate and repair any noncompliance.
Products advertised or referenced on the Site may be available only in limited quantities or may not be available for purchase at all if they are sold out. We try to maintain accurate information on the Site regarding product availability, size, and pricing. However, we cannot guarantee any such accuracy. In addition, the color of the products displayed on the Site will depend on the settings of your monitor and on the variability of the materials used to make the products. Purple Brand does not guarantee the consistency of our colors or that your monitor’s display of any color will be completely accurate.
Purple Brand reserves the right to refuse, in its sole discretion, any order placed via the Site, including, without limitation, orders placed using incorrect information, such as in pricing, whether such incorrect information arose through User’s or Purple Brand’s error. We will inform you if we are unable to fill your order as placed and give you the opportunity to revise it.
“Content” means all words, images, graphics, logos, photographs, audio and video clips; code, scripts and software; and links and interactive features used on or incorporated into the Site, and all intellectual property in or related to the foregoing, including copyright, trademark, trade dress and trade secret. All Content, and its arrangement or integration into our Site: (a) is our protected property, or (b) is licensed to us by others (including by you), or (c) is used pursuant to fair use exception under applicable law. Please assume that all material on or accessible through the Site is protected by copyright, trademark or other intellectual property law. Do not use Content except as expressly permitted in this Agreement or by separate agreement with the Content owner.
(a) Our Content; License. We own all right, title and interest (including worldwide copyright) in and to the Site and any compilation, collective work or other derivative work that we create by using or incorporating User Content. We grant you a limited license to access the Site and to copy Content for your own personal, noncommercial use, provided that you accept the terms of this Agreement. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:
(i) copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or
(ii) use any of the trademarks, trade names or logos that appear on the Site, or remove, obscure or alter any text or proprietary notices; or
(iii) make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or
(iv) delete or alter any Content; or
(v) post, upload, transmit or submit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, or other solicitations; or
(vi) disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware or servers in any way; or
(vii) use automated means, such as scrapers, bots or spiders, to collect Content; or
(viii) run or advertise for lotteries, sweepstakes, giveaways or contests; or
(ix) impede or interfere with others' use of the Site.
NOTICE: The Site and any trademarks, logos, sample code, software, and other Content are protected by intellectual property rights. Use of the Site does not give you any ownership rights of any of the Content’s intellectual property rights.
(b) Third Party Content and Websites. The Site will include material from other Users as well as other third parties. For example, in addition to projects you may share with other Users, we may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you.
(i) Incorporated Into the Site. If we incorporate information from third party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third-party source from which the information was gathered. If you share information with other Users or they share information with you, you take responsibility for all such sharing and use and acknowledge that all such use is subject to applicable intellectual property and other law.
(iii) No Endorsement. Unless we expressly state otherwise, we do not recommend, certify, or endorse any products or services, even if we feature them or links to them on our Site, and we are not responsible for the contents of, or any products or services offered on, any third-party sites. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the applicable vendor or manufacturer.
(iv) Objectionable Material. By accessing or using the Site, you acknowledge that you may be exposed to materials that you consider offensive, indecent or otherwise objectionable, and you agree to accept that risk. You also acknowledge that views expressed on the Site do not necessarily reflect our views, that we do not support or endorse all Content posted by third parties, and that certain Content may be incorrectly labeled or categorized.
(c) User Content; License. At present, there are no plans to make this an interactive website, beyond permitting Users to order Purple Brand products through the Site. Should this change in the future, we will provide pertinent information in this section concerning the use of Content you upload to the Site.
CHOICE OF LAW; DISCLAIMERS; LIMITATION OF LIABILITY; RELEASE
(b) We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or untimely delivery of any information or material, including, without limitation, any purchase order submitted to or transmitted through the Site.
(c) Disclaimer of Warranties. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THAT (i) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT OUR SERVICES OR EMAIL FROM US WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (iv) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
(d) Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
(e) Release. YOU HEREBY RELEASE PURPLE BRAND, ITS PARENT COMPANY, ALL OF ITS AND THEIR AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS; AGENT FOR NOTICE.
If you believe in good faith that any Content infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
(c) a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f) information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing content; and
(g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.copyright.gov). Notices and counter-notices should be sent to our Copyright Agent:
Copyright AgentUSPTI, Inc.495 Broadway Fl 4 New York, NY 10012
Please note that, due to security concerns, we cannot accept attachments to emails. Consequently, we will not receive or process any notification of infringement submitted electronically with an attachment.
USPTI, Inc.495 Broadway Fl 4 New York, NY 10012
This document was last updated on April 20, 2023.
© 2023 Purple Brand. All rights reserved.
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