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Terms of Use
PurpleBunny.com ("PurpleBunny", "we", "us") provides this Web site and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions. Please READ THIS PAGE CAREFULLY before using our website. If you do not agree to these terms and conditions, please do not use the Site.This Agreement is made between PurpleBunny and Site visitor and/or member ("you"). We reserve the right at any time to:
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
Code of Conduct While using the Site, you agree not to: commit the following actions (please read the following list):
Registration
Although all areas of the Site do not require you to be a PurpleBunny member, some features (such as posting comments) do. When and if you register to become a member (registration is completely free), you agree to:
As part of the registration process, you will
be asked to select a username, e-mail address, and password. The
e-mail address is used only for confirming your registration details and
password (and for sending new passwords should you forget your current
one). We may refuse to grant you a username that impersonates
someone else, is or may be illegal, is or may be protected by trademark
or other proprietary rights law, is vulgar or otherwise offensive, or
may cause confusion, as determined by us in our sole discretion. You will
be responsible for the confidentiality and use of your username and password
and agree not to transfer or resell your use of or access to the Site
to any third party. If you have reason to believe that your account with
us is no longer secure, you must promptly change your password by updating
your account information by logging in and clicking on "Profile" and immediately
notify us of the problem by emailing us at admin@PurpleBunny.com . YOU
ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME
AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT
ARE CONDUCTED THROUGH YOUR ACCOUNT.
Notice on Privacy within the Discussion Forums
area (see also the separate Privacy Statement from PurpleBunny.com for
complete and detailed Privacy policy): By submitting comments or replies
to current comments, posting a profile, or putting any other personal
information online, you are granting PurpleBunny the license to reproduce,
edit, modify, publish, transmit and display such information and material,
in print, online, or through other means. You are also at risk of having
other people find your posts on the Internet or your profile and e-mailing
or contacting you. PurpleBunny does not control or regularly review the
messages or information delivered to the forums and ongoing forum discussions,
or profiles.
Submissions and Postings
Please note that, because we host message boards
and discussion forums found on the Site we require certain rights in those
materials. Therefore, by sending or transmitting to us creative suggestions,
ideas, notes, concepts, or other materials (collectively, "Materials"),
or by posting such Materials to any area of the Site, you grant us and
our designees a worldwide, non-exclusive, sub-licensable (through multiple
tiers), assignable, royalty-free, perpetual, irrevocable right to use,
reproduce, distribute (through multiple tiers), create derivative works
of, publicly perform, publicly display, digitally perform, make, have
made, sell, offer for sale and import such Materials in any media now
known or hereafter developed, for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Materials. None
of the Materials shall be subject to any obligation, whether of confidentiality,
attribution, or otherwise, on our part and we shall not be liable for
any use or disclosure of any Materials.
Discussion Forums
The comments on PurplBunny are provided by contributors
across the Internet, most of whom use anonymous names and are people not
otherwise connected with PurpleBunny. We recognize that while we make
available a large volume of information in our Forums and on our site,
people occasionally post messages or make statements that are misleading,
deceptive, or downright wrong. They may do this unintentionally, or even
intentionally. Therefore, treat the contributors here the same way you
would treat anyone you had met for the first time, because anyone can
post to our Forums - no invitation is required.
We neither endorse nor are responsible for any
opinion, advice, information, or statement made or displayed on the Site
or Forums by third parties, whether such third parties are visitors to
the Site, members of the PurpleBunny community, or otherwise. We are not
responsible for any errors or omissions in articles or postings, for hyperlinks
embedded in messages, or for any results obtained from the use of such
information. Under no circumstances will we or our affiliates, suppliers,
or agents be liable for any loss or damage caused by your reliance on
such information obtained through the Site. If you ignore our advice to
independently research and qualify useful ideas, suggestions or other
content and material, and choose to make a professional decision based
on, or take at face value, opinions found in any of the Forums, you acknowledge
that you have made a conscious, willing, free, and personal decision to
do so. Remember that it’s YOUR responsibility to evaluate, and we cannot
and do not take responsibility for, the veracity, reliability, or completeness
of any opinion, advice, information, or statement available on the Site.
The opinions expressed in the Forums reflect solely
the opinion(s) of the participants - our registered members - and may
not reflect the opinion(s) of PurpleBunny. We have no obligation to monitor
the Site or the Forums, or any other materials that you or other third
parties transmit or post on to the Site or the Forums. However, you acknowledge
and agree that we have the right (but not the obligation) to monitor the
Site and the Forums and the materials you transmit or post; to alter or
remove any such materials (including, without limitation, any posting
to a Forum); and to disclose such materials and the circumstances surrounding
their transmission to any third party in order to operate the Site properly;
to protect ourselves, our sponsors, and our members and visitors; and
to comply with legal obligations or governmental requests.
Although PurpleBunny has no obligation to do so,
PurpleBunny does monitor messages posted on its Forums and reserves the
right to delete portions of or entire posts which violate the above rules,
messages or topics that are unrelated to the specific message board on
which they are posted, and advertisements, recruiting or other commercial
messages. If you believe a message violates our member policies, please
contact PurpleBunny immediately at admin@PurpleBunny.com so that we can
consider its removal.
Cookies
The site uses cookies to store information on your
local computer. These cookies do not contain any of the information you
have entered above; they serve only to improve your viewing pleasure.
Ownership and Restrictions on Use
©2004, 2005 PurpleBunny.com, All Rights Reserved. The
Site is owned and operated by us. You may not copy, reproduce, republish, upload,
post, transmit or distribute materials from the Site in any way, without our
prior written permission, except you may download one copy of such material
on any single computer for your personal, non-commercial home use only, provided
you keep intact, without change, all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other purpose
is a violation of our copyright and other proprietary rights, and is strictly
prohibited. You acknowledge that you do not acquire any ownership rights by
using the Site.
All other trademarks, service marks, and logos
used on the Site are the trademarks, service marks, or logos of their
respective owners.
Termination
This Agreement shall remain effective until terminated
in accordance with its terms. Either party may terminate this Agreement
immediately upon notice to the other party. In addition, we reserve the
right to immediately terminate this Agreement, and/or your access to and
use of the Site or any portion thereof, at any time and for any reason,
with or without cause. Upon termination of this Agreement by either party,
your right to use the Site shall immediately cease, and you shall destroy
all materials obtained from the Site and all copies thereof, whether made
under the terms of this Agreement or otherwise.
Disclaimers
THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT
OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, PURPLEBUNNY AND ITS AFFILIATES,
SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law
may not allow the exclusion of implied warranties, so the above exclusions
may not apply to you. PURPLEBUNNY AND ITS AFFILIATES, SUPPLIERS, AND AGENTS
DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE,
OR THE SERVER(S) ON WHICH IT IS HOSTED, OR SOFTWARE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE
FOR OBTAINING AND MAINTAINING ALL EQUIPMENT NEEDED TO ACCESS AND USE THE
SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON.
NO OPINION, ADVICE, OR STATEMENT OF PURPLEBUNNY OR ITS AFFILIATES, SUPPLIERS,
AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE,
OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY
MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL PURPLEBUNNY.COM BE LIABLE FOR
ANY DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO
LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION) RESULTING FROM OR IN ANY WAY RELATED TO THE USE OF ANY MATERIALS
POSTED ON OR MADE AVAILABLE IN THE DISCUSSION FORUMS OR ANY OTHER WEB
SITE TO WHICH A LNK IS PROVIDED OR ON WHICH A LINK IS PROVIDED TO THESE
DISCUSSION FORUMS, EVEN IF PURPLEBUNNY.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES
ARE BASED.
Indemnification
You agree to indemnify, defend and hold us, our
agents, and representatives harmless from and against any and all claims,
damages, losses, costs (including reasonable attorneys’ fees), or other
expenses that arise directly or indirectly out of or from (a) your breach
of this Agreement; (b) any allegation that any materials that you submit
to us or transmit to the Site infringe or otherwise violate the copyright,
trademark, trade secret or other intellectual property or other rights
of any third party; (c) your violation of the Code of Conduct above; and/or
(d) your activities in connection with the Site.
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