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Home  FAQs Terms of Use Agreement
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Terms of Use Agreement |
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Welcome to Purple Iris Design & Publishing. We look forward to your
involvement with our site. Before you explore Purple Iris Design &
Publishing’s available content and services please take a moment to
read this Terms of Use Agreement.
Effective Date: This Terms of Use Agreement was last updated on September 6, 2007.
This Terms of Use Agreement sets forth the standards of use of the
Purple Iris Design & Publishing website. By using the
www.purpleirisdesign.com website you (the “Member”) agree to these
terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or update
the terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being posted at
the Purple Iris Design & Publishing’s website. Your continued use
of the website and/or services, after amendments are posted,
constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may
not be amended.
1. Disclaimer of Warranties.
The site is provided by Purple Iris Design & Publishing on an “as
is” and on an “as available” basis. To the fullest extent permitted by
applicable law, Purple Iris Design & Publishing makes no
representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise. Purple Iris Design
& Publishing shall have no liability for any interruptions in the
use of this Website. Purple Iris Design & Publishing disclaims all
warranties with regard to the information provided, including the
implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties therefore the above-referenced
exclusion is inapplicable.
2. Limitation of Liability
Purple Iris Design & Publishing shall not be liable for any damages
whatsoever, and in particular Purple Iris Design & Publishing shall
not be liable for any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this website or the information contained
in it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if Purple Iris Design
& Publishing has been advised of the possibility of such damages.
Some jurisdictions do not allow for the limitation or exclusion of
liability for incidental or consequential damages, therefore some of
the above limitations are inapplicable.
3. Indemnification
Member agrees to indemnify and hold Purple Iris Design &
Publishing, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising
out of Member’s use of the website and/or services, the violation of
this Agreement, or infringement by Member, or other user of the website
and/or services using Member’s computer, of any intellectual property
or any other right of any person or entity.
4. Modifications and Interruption to Service
Purple Iris Design & Publishing reserves the right to modify or
discontinue the website and/or service with or without notice to the
Member. Purple Iris Design & Publishing shall not be liable to
Member or any third party should Purple Iris Design & Publishing
exercise its right to modify or discontinue the website and/or service.
Member acknowledges and accepts that Purple Iris Design &
Publishing does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances outside
of our control.
5. Third-Party Sites
Our website may include links to other sites on the Internet that are
owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of, or the
content located on or through, any third-party site. You should contact
the site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to the terms of
use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of
third-parties’ sites.
6. Mandatory Rules
We hope you find our rules reasonable. Please understand, though, that
any conduct that violates the Rules is grounds for immediate
termination of your account.
A.) You agree to provide true, accurate, current and complete
information about yourself when registering and utilizing Purple Iris
Design & Publishing’s website and services. You agree to keep your
registration data current and accurate.
B.) You are responsible for maintaining the confidentiality of your
password and account. And you are fully responsible for all activities
that occur using your password or account.
C.) You agree not to use the website or services for illegal purposes
or for the transmission of material that is unlawful, harassing,
libelous (untrue and damaging to others), invasive of another's
privacy, abusive, threatening, or obscene, or that infringes the
copyrights (rights of an owner of written material) or other
intellectual property of others.
D.) As a member, you agree not to use the email or private messaging
service to broadcast "junk mail," "spam," "chain letters," or
unsolicited mass distribution of files or images.
E). By using Purple Iris Design & Publishing’s website you agree
not to data scrape, copy, aggregate, redistribute, alter, reproduce or
re-use for commercial purposes any user's (whether specific to any
particular user or as an aggregation of users' information) information
accessible through Purple Iris Design & Publishing. "Commercial
purposes" can include but is not limited to selling information to
third parties; using the data collected to customize users' experiences
at a site or network outside of Purple Iris Design & Publishing;
using the data for targeted marketing campaigns not affiliated with
Purple Iris Design & Publishing; or using the data to offer
services to Purple Iris Design & Publishing users. Purple Iris
Design & Publishing reserves the right to take immediate action
against any individual or entity participating in any of the prohibited
actions mentioned above.
F.) Member Disputes. You are solely responsible for your interactions
with other Members. Purple Iris Design & Publishing reserves the
right, but has no obligation, to monitor disputes between you and other
Members.
G.) Purple Iris Design & Publishing claims no ownership or control
over any Content submitted, posted or displayed by you on or through
Purple Iris Design & Publishing’s website and/or services. You or a
third party licensor, as appropriate, retain all patent, trademark and
copyright to any Content you submit, post or display on or through
Purple Iris Design & Publishing’s website and/or services and you
are responsible for protecting those rights, as appropriate. By
submitting, posting or displaying Content on or through Purple Iris
Design & Publishing’s website and/or services which are intended to
be available to the members of the public,
H.) You shall not display commercial content on your profile or any
website content such as placing advertisements on blogs or forum posts.
7. Rights You Grant to Purple Iris Design & Publishing
A.) By adding content to the website, such as blogs, articles or forum
posts you grant Purple Iris Design & Publishing a worldwide,
non-exclusive, royalty-free license to reproduce, publish and
distribute such Content on Purple Iris Design & Publishing for the
purpose of displaying and distributing Purple Iris Design &
Publishing services. Purple Iris Design & Publishing furthermore
reserves the right to refuse to accept, post, display or transmit any
Content in its sole discretion. By submitting content, you
automatically agree, or promise, that the owner of such content has
expressly agreed that, without any particular time limit, and without
the payment of any fees, Purple Iris Design & Publishing may
reproduce, display, distribute and create new works of authorship based
on and including the content.
B.) Purple Iris Design & Publishing may utilize advertisers to help
fund the services that we offer to our members. You agree that Purple
Iris Design & Publishing may display advertisements and promotions
of all kinds in and with the services.
C.) In order to ensure that Purple Iris Design & Publishing is able
to provide high-quality services that are responsive to members' needs,
you agree that Purple Iris Design & Publishing employees have
access to your account and records as reasonably needed to investigate
complaints.
8. Governing Jurisdiction of the Courts - Alaska
Our website is operated in the State of Alaska. As such, we are subject
to the laws of the State of Alaska, and such laws will govern this
Terms of Use Agreement, without giving effect to any choice of law
rules. We make no representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State of Alaska.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the website and/or
service in any way that violates applicable state, federal, or
international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national,
or international law or regulation.
10. Copyright
All content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof
is ©2007 Purple Iris Design & Publishing, with all rights reserved,
is the property of Purple Iris Design & Publishing and/or third
parties protected by intellectual property rights. Any use of materials
on the website, including reproduction for purposes other than those
noted above, modification, distribution, or replication, any form of
data extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized officer of
Purple Iris Design & Publishing is strictly prohibited. Members
agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the
content contained therein without prior written permission of an
authorized officer of Purple Iris Design & Publishing.
9. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, Purple Iris Design &
Publishing designates the following individual as its agent for receipt
of notifications of claimed copyright infringement.
Contact Purple Iris Design & Publishing's Webmaster.
10. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void
or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible extent. You
agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by Purple Iris Design &
Publishing, in our sole discretion, to a third party in the event of a
merger or acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a Member.
Member agrees that by accepting this Terms of Use Agreement, Member is
consenting to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy
Statement.
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