1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use Purple.fr (the “Site”), any of the features of this site, including but not limited to RSS, API, software and other downloads (collectively, the "Purple.fr Services"), you will be agreeing to abide by all of the terms and conditions of these Terms and Agreements between you and Purple Institute ("Purple Insitute", “us” or “we”).
1.2 We may change, add or remove portions of these Terms
and Agreements at any time, which shall become effective immediately
upon posting. It is your responsibility to review these Terms and
Agreements prior to each use of the Site and by continuing to use this
Site, you agree to any changes.
1.3 If any of these rules or any
future changes are unacceptable to you, you may cancel your
subscriptions by sending e-mail to: inquire@purple.fr
(See section
10.1 regarding termination of service). Your continued use of the
services now, or following the posting of notice of any changes in these
operating rules, will indicate acceptance by you of such rules,
changes, or modifications.
1.4 We may change, suspend or
discontinue any aspect of the Services at any time, including the
availability of any Services feature, database, or content. We may also
impose limits on certain features and services or restrict your access
to parts or all of the Services without notice or liability.
2. CONTENT ON THE SERVICES
2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by Purple Institute or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2
The Services and Contents are protected by copyright pursuant to U.S.
and international copyright laws. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce (except as provided
in Section 2.3 of these Terms of Service), create new works from,
distribute, perform, display, or in any way exploit, any of the Content
or the Services (including software) in whole or in part.
2.3 You
may download or copy the Content and other downloadable items displayed
on the Services for personal use only, provided that you maintain all
copyright and other notices contained therein. Copying or storing of any
Content for other than personal use is expressly prohibited without
prior written permission from Purple Institute or the copyright holder
identified in the copyright notice contained in the Content.
2.4
The Content of the Services is owned or licensed to Purple Institute,
which will not be liable for any delays, inaccuracies, errors or
omissions in any such Content, or in the transmission or delivery of all
or any part thereof, or for any damages arising therefrom.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS.
3.1 You shall not upload to, or distribute or otherwise publish on to
the Services any libelous, defamatory, obscene, pornographic, abusive,
or otherwise illegal material.
Be courteous. You agree that you
will not threaten or verbally abuse other Members, use defamatory
language, or deliberately disrupt discussions with repetitive messages,
meaningless messages or "spam."
Use respectful language. Like any
community, the online conversation flourishes only when our Members
feel welcome and safe. You agree not to use language that abuses or
discriminates on the basis of race, religion, nationality, gender,
sexual preference, age, region, disability, etc. Hate speech of any kind
is grounds for immediate and permanent suspension of access to all or
part of the Services.
Debate, but don't attack. In a community
full of opinions and preferences, people always disagree. Purple
encourages active discussions and welcomes heated debate on the
Services, but personal attacks are a direct violation of these Terms of
Service and are grounds for immediate and permanent suspension of access
to all or part of the Service.
3.2 The comments shall be used
only in a noncommercial manner. You shall not, without the express
approval of Purple, distribute or otherwise publish any material
containing any solicitation of funds, advertising or sollicitation for
goods or services.
3.3 You grant Purple a perpetual,
nonexclusive, world-wide, royalty free, sub-licensable license to the
Submissions, which includes without limitation the right for or any
third party it designates, to use, copy, transmit, excerpt, publish,
distribute, publicly display, publicly perform, create derivative works
of, host, index, cache, tag, encode, modify and adapt (including without
limitation the right to adapt to streaming, downloading, broadcast,
mobile, digital, thumbnail, scanning or other technologies) in any form
or media now known or hereinafter developed, any Submission posted by
you on or to the Services or any other Web site owned by Purple,
including any Submission posted on or to the Services through a third
party.
3.4 You are solely responsible for the content of your
Submissions. However, while Purple does not and cannot review every
Submission and is not responsible for the content of these messages,
Purple reserves the right to delete, move, or edit Submissions that it,
in its sole discretion, deems abusive, defamatory, obscene, in violation
of copyright or trademark laws, or otherwise unacceptable.
3.5
By making a Submission, you are consenting to its display and
publication on the Site and in the Services and for related online and
offline promotional uses.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least sixteen years old. You hereby indemnify, defend and hold harmless Purple and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Purple reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Purple does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY
6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. Certain users may have registered with a Member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person's authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Purple.
6.2 (a) You shall notify inquire@purple.fr of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be 16 years or older to subscribe to all parts of the Services on the Purple.
6.4 You are responsible for all usage or activity on your purple.fr account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
7. FEES AND PAYMENTS
7.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
8. COMMUNICATIONS BETWEEN PURPLE.FR AND USERS
8.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
8.2 Purple reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8.3 Purple reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share personal information about you only if you indicate your acceptance. For more information please read our Privacy Policy.
8.4 Purple may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
9. SOFTWARE LICENSES
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign or transfer any licenses granted by Purple.fr, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
10. TERMINATION
10.1 You may terminate your account at any time by sending e-mail to:
inquire@purple.fr Upon termination, you will receive an automated
confirmation via e-mail that the request was received. When you cancel,
you cancel only future charges associated with your
subscription. You may notify us of your intent to cancel at any time,
but the cancellation will become effective at the end of your current
billing period. The deadlines for billing cycles are cancellations
before February 1st and September 1st. Cancellations are effective the
following billing cycle. You will not receive a refund for the current
billing cycle. You will continue to have the same access and benefits of
your product for the remainder of the current billing period.
10.2
Purple may, in its sole discretion, terminate or suspend your access to
all or part of the Services for any reason, including, without
limitation, breach or assignment of these Terms of Service, with or
without notice and without further
obligation. You will not be entitled to a refund in these circumstances.
If any or all of our digital products are temporarily unavailable, you
will not receive a refund. We reserve the right to issue refunds or
credits at our sole discretion. If we issue a refund or credit, we are
under no obligation to issue the same or similar refund in the future.
10.3 We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
10.4 We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
11. MISCELLANEOUS
11.1 These Terms of Service have been made in and shall be construed and enforced in accordance with international law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.
11.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in purple privacy policy.
11.3 Correspondence should be sent to inquire@purple.fr
11.4 You agree to report any copyright violations of the Terms of Service to Purple as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Purple.fr service, please notify purple.fr (Please direct all general questions to www.purple.fr)