Purple Politics, Inc.
Our Services allow you to receive updates in connection with certain events or past events (each an, “Event”) by text message, using push notifications or using our App or our Site.
Please read THESE TERMS carefully, as THEY contain an Agreement to Arbitrate, which requires that you and PURPLE POLITICS, INC. arbitrate certain claims BY BINDING, INDIVIDUAL ARBITRATION instead of going to court and limits class action claims, unless you opt out of the Agreement to Arbitrate as described in the arbitration section (see Section 21 "Agreement to Arbitrate").
PLEASE REVIEW THESE TERMS BEFORE USING PURPLE POLITICS, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. If you are viewing this on your mobile device, you can also view THESE TERMS via a web browser at https://www.getpurple.io/terms.html. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE our services, including our site or app. BY USING OUR SERVICES, including our site or app, YOU REPRESENT TO US THAT YOU ARE AT LEAST 13 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.
Purple Politics reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms.
We may change our Services at any time. If you do not like our Services or these Terms, please let us know and provide constructive feedback by sending us an email at firstname.lastname@example.org. We do not promise to make any changes that you suggest, and your sole remedy if you are dissatisfied with our Services or these Terms is that you may discontinue your use of our Services at any time.
We may alter, suspend or discontinue our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer with Internet access that can access our Site, a compatible mobile device enabled with our App or a compatible mobile device that can receive Notifications.
When using our Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
Please note that we are not affiliated with any event or brand that we cover. In addition, merely because we permit a Host or Content Creator to host an event or create Content using our Services does not imply endorsement of that Host or Content Creator or any Content that is provided via our Services.
Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to install and use the App on a compatible mobile device, use our Site and receive and copy our Notifications, in each case, solely in the manner enabled by us and for your personal, non-commercial purposes. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any of our Services or a sale of a copy of any of our Services, and we and our partners and suppliers retain all rights and interest in our Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
As set forth in Section 2, we reserve the right to alter, suspend or discontinue our Services or your access to our Services in whole or in part, at any time and for any reason, without notice.
We may charge upfront fees or monthly recurring fees in connection with your use of specified Services. These fees may be in related to particular Events or related to your subscription to receiving Content from any Content Creator. The fees may vary based on the Event or based on the Content Creator. We may charge fees for each Content Creator, or we may bundle subscriptions to multiple or all Content Creators to create one monthly subscription. In any event, we will notify you of the amount of such fees and whether such fees are due on a one-time or recurring basis, before you opt-in to receive such Services. You understand and agree that all payments received by us in connection with your use of any Services are non-refundable.
In order to use some functionality of our Services, you will be required to register by providing certain information. We may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials.
We may enable you to login using a third party social networking service. If we enable you to login using a third party social networking service, the terms in the previous paragraph remain binding.
We may work with certain third party companies to sponsor an Event (each, a “Sponsor”). A Sponsor may provide you with Notifications using our Services, or may provide you with information about the Event through our Services, as may be set forth through our Services with respect to such Event.
A Content Creator may provide you with Notifications or other Content using our Services, and may receive messages from you. We do not promise that any Content Creator will respond to your messages; any promise that a Content Creator will respond to your message is between you and the applicable Content Creator.
You may ask to be or to become a Content Creator. We will evaluate your application to be a Content Creator. You understand that we have the discretion to determine whether to permit you to be a Content Creator, and we may at any time suspend or terminate your ability to be a Content Creator, for any or no reason, and with no advance notice to you. You may request to be reinstated as a Content Creator, and we may consider such a request.
You understand that we are not responsible for any Notifications or other information provided by a Sponsor or Content Creator. You hereby release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any a nd all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with any Event hosted by a Sponsor, or any Content provided to you by a Host or Content Creator.
If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor."
You hereby grant us a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty free, fully paid up license to reproduce, distribute, prepare derivative works of, modify, translate, adapt, publicly perform, publicly display and otherwise use any Content that you submit to us, and you understand that we may allow any third party (including without limitation a Content Creator) to use such Content as well.
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sublicensable, revocable license to access and use Content available through our Services, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Content set forth in these Terms.
You understand that the Content that is posted on our Services is used by you at your own risk. If you have submitted Content, we generally permit you to remove, modify or alter such Content at any time, through functionality that we make available on our Services, but we cannot guarantee that such Content will be removed, modified or altered before it is viewed or received by others, including without limitation a Content Creator.
We reserve the right to make changes to Content, descriptions or specifications of our Services, or other information without obligation to issue any notice of such changes.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on Purple Politics.
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. You may not use our Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).
In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
You agree not, and will not permit any person or entity, to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (v) introduce viruses, worms, Trojan horses and/or harmful code to our Services; and (vi) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of our Services or any Content, except as permitted by our robots.txt file.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above reasons or for any other reason, and if we do so, we may terminate your access to our Services.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your provision of any Content, (ii) your use of our Services and/or (iii) any user or other third party’s use of any Content that you submit via our Services. At our option, you agree to defend us from any such Claims.
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
If you believe that any materials on our Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Site or location in our App or other pertinent information that will help us to locate the material; (3) your name, address, telephone number and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Services is: Copyright Agent, 164 Rollins Avenue, Rockville, MD 20852, USA or email@example.com. In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Purple Politics; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration or that you subsequently update, or through a third party social networking service that you use to login. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services.
The following Sections of these Terms and any accrued obligations will survive any termination of these Terms: 1, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
These Terms, and any dispute between you and us, shall be governed by the laws of the State of New York without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 21 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in New York City, New York, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Purple Politics account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out: 1002 Dean St. Brooklyn, NY 11238
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 18, this Arbitration section will survive the termination of your relationship with us.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law, or by individuals who are 13 years and older under the supervision of a parent or guardian. If you are a parent or guardian of a child, you may allow your child to use our Services under your supervision, in which case you are responsible for any and all activities of your child. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us at firstname.lastname@example.org and we will remove the account.
If you have any questions about these Terms, please contact us at: 270 Parkside Ave. #C3W Brooklyn, NY 11226 USA or via www.GetPurple.io.
Copyright © 2017, Purple Politics Inc., All Rights Reserved.
Updated: April 27, 2017