Revised January 23, 2014

Welcome to the website of Purple Red, Inc. (“Purple Red”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). By using this Site, you agree to the following terms and conditions of use (“Terms of Use”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. By using this Website, you represent that you are not a minor and that you have the legal capacity to be bound by this agreement (the “Agreement”), and that if you are acting on behalf of a company or other entity, you have the authority to bind that company or other entity. Purple Red reserves the right, at any time, to modify, alter, or update these Terms of Use. By accepting our terms of use, you agree to be bound by such modifications, alterations, or updates.

 

1.    Amendments to Terms of Use and Privacy Policy

We reserve the right to, and may from time to time, update, amend or change this Agreement or the Privacy Policy in whole or in part in our sole and absolute discretion and without notice to you. If we do this, we will post the changes to this Agreement on this page and will indicate on this page the date this Agreement was last revised. We will post the changes to the Privacy Policy on the Privacy Policy page of this Site. You should revisit this Agreement and the Privacy Policy from time to time to review any changes that have been made. Your continued access and use of the Website following the posting of any such changes shall automatically constitute your acceptance of all of those changes. IT IS YOUR DUTY TO CHECK THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY TO DETERMINE IF THERE HAVE BEEN ANY CHANGES AND TO REVIEW THOSE CHANGES.

 

2.    Definitions 

For purposes of this Agreement and the Privacy Policy: (1) the terms or phrases “Purple Red” “Company”, “we”, “us”, or “our” means’ Purple Red, Inc., a California corporation and any and all entities that control, are controlled by, are affiliated with, or are under common control with Purple Red, Inc. and, (2) the term “Site” means the website located at the homepage www.purplered.com and any affiliated websites.

 

3.    Eligibility 

The Site is neither intended for nor designed to be used for submission of personally identifiable information by anyone who is less than 18 years of age. We do not collect personally identifiable information from anyone we actually know is a minor under the age of 13. If Purple Red becomes aware that any minor is submitting or has submitted personal information to the Site without parental consent, we will delete and/or discard any personal information within our control as soon as possible.

In addition, for purposes of the Children’s Online Privacy Protection Act (“COPPA”), Purple Red makes the following statement: This website is not directed to or intended for persons under the age of 13. If Purple Red becomes aware that any person submitting personal information to the Site is under the age of 13, we will delete and/or discard any personal information within our control as soon as possible.

 

4.    Site Content and Intellectual Property

The Purple Red trade name and Purple Red logo are service marks owned by Purple Red, Inc.. All other trademarks, product names and company names or logos displayed on the Site are the property of their respective owners.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website is owned, controlled or licensed by Purple Red or is used with the permission of its respective owners, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Purple Red owns the copyrights in the Content of the Site and ALL RIGHTS ARE RESERVED. Permission is granted to print in hard copy portions of this Site only for your personal use as a reference resource. Any other use of materials on this Site ─ including downloading for offline use. modification, distribution, or reproduction ─ without the prior written permission of Purple Red is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Site and none of its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Purple Red.

 

5.    Code of Conduct

You may not engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (2) using any automated system, including without limitation “robots”, “spiders”, or “offline readers”, to access the Site in any manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (3) transmitting spam, chain letters, or other unsolicited e-mail; (4) using any “bot”, spider, site search/retrieval tool or utility, or any other manual or automated technique, to collect, extract, index, mine, or otherwise seek to obtain any data or information from the Site or any user of the Site, or in any manner compromise, degrade or circumvent the navigational structure or the presentation of the Site, or the display or performance of the Content of the Site; (5) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (6) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (7) uploading invalid data, viruses, worms, or other software agents through the Site; (8) collecting or harvesting any personally identifiable information from the Site (9) using the Sites for any commercial solicitation purposes; (10) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (11) interfering with the proper working of the Site; or, (12) bypassing the measures we may use to prevent or restrict access to the Site. We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You further understand and agree that Purple Red has the right, but not the obligation, to remove in whole or in part any Content related to the Site, including without limitation all data and Content residing on our servers, at any time for any or no reason, with or without notice and with no liability to us of any kind.

 

6.    Our Linking Policy 

Purple Red may, from time to time, contain links to websites operated by others (each is a “Third Party Site”; collectively, “Third Party Sites”). The links to and advertisements concerning Third Party Sites are provided for your convenience only. We do not control Third Party Sites and are not responsible for any of the content, materials or services contained or provided on any Third Party Site or for performance of any Third Party Site or for your transactions on or with them. Our inclusion of links to or advertisements for any Third Party Site is not, and does not imply, any endorsement of any content, material, product or services offered on or through such Third Party Site, or any association with their operators.

We permit you to include on your own website(s) text links to Content on Purple Red provided that:

(1) it must be a text only link clearly marked “Purple Red,” or “PurpleRed.com“;

(2) you may not use any Purple Red logo as a link;

(3) the link must be to the PurpleRed.com home page and you do not remove or obscure, by framing or otherwise, any portion of the home page;

(4) the appearance, position, and other aspects of the link and host website must not be misleading, fraudulent, or in any other manner damaging to or dilutive of the goodwill associated with our name, trademarks or service marks, as determined by us in our sole and absolute discretion;

(5) the appearance, position and other aspects of the link and host website must not create a false appearance that the host website is sponsored by Purple Red;

(6) the link, when activated by an internet user, must display the Site full-screen and not with a “frame” on the linked website; and,

(7) you immediately discontinue providing links the Site if requested by us. We reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement.

 

7.    Electronic Communications

When you visit the Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

8.    Links to Other Websites

Purple Red makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or websites linking to this Site.

 

9.    Warranties and Disclaimers

You expressly agree that your use of this site is at your sole risk. PURPLE RED EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PURPLE RED DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE OR ANY OF THE SITE MATERIALS WILL BE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR MISAPPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR THE IMPLEMENTATION OF SUFFICIENT PROCEDURES, FIREWALLS AND CHECKPOINTS WHICH SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY, ACCURACY, AND DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE OR THIS SERVER, FOR THE RECONSTRUCTION OF ANY LOST DATA, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADS FROM THE SITE OR THIS SERVER.

 

10.    Limitation of Liability

IN NO EVENT SHALL PURPLE RED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES AFFILIATED WITH THIS SITE OR PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND E-MAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PURPLE RED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site or other channels. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. This Website is operated by Purple Red from its offices in Culver City, California, USA. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. Purple Red makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Use of this site constitutes acceptance of our Terms of Use.

 

11.    Copyright

All website design, text, graphics, and the selection and arrangement thereof are Copyrightby Purple Red. All rights are reserved or, in the case of content on the Site incorporating material belonging to others, all Copyrights in the text and graphics are owned by the original owner. ALL RIGHTS RESERVED. Permission is granted to print in hard copy portions of this Site for the sole purpose of using this Site as an information resource. Any other use of materials on this website ─ including reproduction for purposes other than noted above, modification, distribution, or reproduction ─ without the prior written permission of Purple Red strictly prohibited.

 

12.    Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, State of California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. Purple Red may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular.

You hereby acknowledge that you have carefully read all of the terms and conditions of Purple Red’s Terms of Use and Privacy Policy, and agree to all such terms and conditions.