Intellectual Property Rights
The content on our website, except all User Submissions (as defined herein), including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are the property of Purple Penguin and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Purple Penguin and is protected by U.S. and international copyright laws. Content on our website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Purple Penguin reserves all rights not expressly granted in and to our website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein.
Use and Protection of Password and ID.
Portions of our website may require you to open an account. Accordingly, Purple Penguin may assign users a password and account ID. In order to obtain a password and account ID you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Purple Penguin shall have no obligation to investigate the source of any information provided. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Quite simply, you will be responsible for any activity conducted under your assigned password or ID. You agree to notify Purple Penguin immediately of any unauthorized use of your account or any other breach of security. Purple Penguin will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Purple Penguin or another party due to someone else using your account or password. IT IS THE EXPRESS POLICY OF PURPLE PENGUIN THAT YOU MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME, WITHOUT THE WRITTEN PERMISSION OF THE ACCOUNT HOLDER. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND PURPLE PENGUIN, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
Our website permits appropriate user submissions including, but not limited to, videos, photographs, comments, or other communications ("User Submissions") and the hosting, sharing, and publishing of appropriate User Submissions. However, Purple Penguin does not guarantee the publication or confidentiality of any User Submissions.
Notwithstanding the foregoing, Purple Penguin is not required to host, index, or display any User Submissions uploaded or otherwise provided to Purple Penguin, and may remove or refuse to host, index or display any User Submissions. Purple Penguin is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Submissions.
You further agree that you will not: (i) impersonate another person; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) submit material that is copyrighted, a protected trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Purple Penguin all of the license rights granted herein.
Purple Penguin does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Purple Penguin expressly disclaims any and all liability in connection with User Submissions. Purple Penguin does not permit copyright infringing activities and infringement of intellectual property rights on our website, and Purple Penguin will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Purple Penguin reserves the right to remove Content and User Submissions without prior notice.
Claims of Copyright Infringement
Purple Penguin respects the intellectual property rights of others. Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing sending an email to email@example.com with the following information consistent with 17 U.S.C 512(c)(3):
(i)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v)A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi)A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Purple Penguin that your copyrighted material has been infringed. The preceding requirements are intended to comply with Purple Penguin’s rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Purple Penguin has adopted a policy of terminating, in appropriate circumstances and at Purple Penguin' sole discretion, members who are deemed to be repeat infringers. Purple Penguin may also at its sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
By using, viewing or accessing the Purple Penguin website, you expressly agree to not use the website to:
i) upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, pornographic, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions; iv) upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship; v) upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," “multilevel marketing,” or any other form of solicitation; vii) upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; viii) interfere with or disrupt our website, servers, or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website; ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or "stalk," “prey upon,” “bully,” “intimidate” or otherwise harass another; x) collect content or information, or otherwise access Purple Penguin, using automated means (such as harvesting bots, robots, spiders, or scrapers) without prior written permission.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PURPLE PENGUIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PURPLE PENGUIN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PURPLE PENGUIN WEBSITE. PURPLE PENGUIN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PURPLE PENGUIN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PURPLE PENGUIN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL PURPLE PENGUIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PURPLE PENGUIN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PURPLE PENGUIN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Our website is controlled and offered by Purple Penguin from its facilities in the United States of America. Purple Penguin makes no representations that our website is appropriate or available for use in other locations. Those who access or use our website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Advertisers or Sponsors
Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Purple Penguin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on our website.
Purple Penguin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our website, or any part thereof, with or without notice. You agree that Purple Penguin shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service.
We automatically receive and collect certain information from your browser, including your IP address, the Uniform Resource Locator ("URL") that you just came from, which URL you next go to, browser type, browser language, date and time of your query, cookie information, and the pages you request. This information is complied and analyzed on both a personal and an aggregated basis. We may use third-party analytics services to collect, monitor and analyze the information collected as described above. Additionally, we collect information from you when you register on our site, place an order, subscribe to our newsletter or correspond with any person at Purple Penguin with a request to be added to our communications. When registering on our site, as appropriate, you may be asked to enter, among other things, your: name, e-mail address, mailing address, phone number, credit card information or e-mail. You may, however, visit our site anonymously.
How Purple Penguin Uses Your Information
Information gathered when you visit our website allows Purple Penguin to personalize your experience, improve our website, improve our customer service, process transactions, administer contests, promotions, surveys or other site feature, and to send periodic emails. If provided to us, we may enter your name into one of our databases so we can contact you to obtain your input, or provide you with information about our programs and events. On occasion, Purple Penguin may share information about you with vendors and service providers who assist us with our activities and programs. These vendors and service providers help us with functions such as fulfilling orders, managing data, and processing information. In addition, we make disclosures as required by law.
The Purple Penguin website is equipped with security measures to protect against the loss, misuse, and unauthorized alteration of the information under our control. However, we cannot guarantee that the information will not be lost or misused, but we will make every effort to ensure that it is secured to avoid such problems.
Reviewing and Correcting the Information
Our goal is to maintain only accurate data. Accordingly, if you find errors in any of your personal information, please notify us in one of the following ways, and we will work diligently to correct it.
1. You may send an email with your corrections to firstname.lastname@example.org.
2. You may mail your changes to:
P.O. Box 230063
Las Vegas, NV 89105
3. You may call us at the following number: (702) 400-3652
Credit Card Information
Purple Penguin uses a variety of safeguards to protect the security of your credit card transactions. We use technologies and processes such as encryption, access controls, network firewalls, physical security and other measures. These measures make it extremely difficult for anyone to intercept the credit card information you send to us. When we work with other companies to process credit card transactions, those companies also use encryption and other security measures.
Edit and Delete Account Information and Preferences
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Foreign Transfer of Data
The Purple Penguin website is designed for use by U.S. residents. If you are not a U.S. resident, you can use this site, but you are responsible for making sure that your actions comply with the laws in your area. When you submit information through this website, we understand that your action is an affirmative act, indicating informed consent to the processing as well as informed consent to allow the transborder transfer of the data to the U.S. for the purposes outlined above. If you submit any personal information about yourself or others, including information inferring or demonstrating religious beliefs, affiliations, or practices, you alone are responsible for the consequences of making this transfer of personal information.
Purple Penguin is not responsible for the privacy practices or content of any third-party sites. For your own protection, you should review the policies of similar sites to ensure they meet your personal expectations of privacy.
Compliance with Laws and Law Enforcement
Purple Penguin cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Purple Penguin reserves the right to disclose any information to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property or rights of Purple Penguin or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Copyright and Trademark Notice
All content, including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website, is the property of Purple Penguin and is protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Purple Penguin and is protected by U.S. and international copyright laws.
The trademarks, service marks, and logos used and displayed on this website are registered and unregistered trademarks of Purple Penguin and its content providers. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the website, without the written permission of the mark or logo owner. The use of any Purple Penguin trademark, service mark or logo as a link to any site is prohibited without Purple Penguin prior written approval. The unauthorized use of any trademark, service mark or logo displayed on this site is strictly prohibited
Except as described in this notice or as permitted by the fair use privilege under U.S. copyright law, you may not copy, reproduce, distribute, publish, download, display, post, create derivative works from or transmit the content in any form or by any means (including electronic, mechanical, photocopying, recording, or otherwise) without the prior written permission of Purple Penguin or the respective copyright owner. Permission is granted to display, copy, distribute and download the content on this site for personal, non-commercial use only, provided you do not modify the content and that you retain all copyright and other proprietary notices contained in the content. You also may not "mirror" any content contained on this site on any other server without Purple Penguin' express written permission. Permission for you to use the content terminates automatically if you breach any of the terms or conditions contained in this notice. Upon termination, you must immediately destroy any downloaded and printed content.
The products, content, information and services included in or accessed through our website are provided on an "AS IS" basis without warranty of any kind. Purple Penguin does not represent that the information accessible on or through its website is accurate, complete or current. PURPLE PENGUIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS, CONTENT, INFORMATION OR SERVICES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Any links or references on the Purple Penguin website to any third party site are provided solely for your convenience. Purple Penguin makes no representation or warranty with respect to the content, accuracy, safety, existence or any other aspect of any third party site or any materials obtained by you from such a site. A link or reference from our website to any other site does not constitute an endorsement of that site or any of its content or of the quality or acceptability of any products or services offered through the site.
You are responsible for the use and compatibility of any hardware or software with the Internet and the Purple Penguin website. Purple Penguin makes no warranty that any particular device or software, even if recommended by a Purple Penguin agent or employee, will function properly with our website.
Purple Penguin does not warrant that: (1) access to its website will be uninterrupted, error free or secure; (2) any materials accessible on or through its website will be free from viruses, worms or other harmful components; or (3) you will be able to connect, communicate or pass information to the website or any other site on the Internet at any particular speed or throughput. You agree that Purple Penguin is not liable for any damages to you which may result from a loss or degradation of access to the website or any loss of materials or data that you have stored on the website. Purple Penguin recommends that customers regularly backup or download important information you stored on the website.
Please be advised that, whenever you voluntarily post information to this website or any other public forums, such information can and may be accessed by the public. This means that any person or entity with access to such information can potentially use it for any purpose, including sending unsolicited communications.
Assumption of Risk for Sharing Information
Please be aware that no security measures are perfect or impenetrable and Purple Penguin cannot control the actions of other users with whom you share your information. Purple Penguin cannot guarantee that only authorized persons will view your information. Likewise, Purple Penguin cannot ensure that information you share on this site will not become publicly available. Purple Penguin is not responsible for third party circumvention of any privacy settings or security measures. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
If you are a California resident, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties for their direct marketing purposes. California law provides that you have the right to submit a request for and receive the following information: the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year, the names and addresses of third parties that received such information, and if the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.
Additional Legal Terms
Purple Penguin reserves the right to modify the terms, conditions and policies related to its website at any time without prior notice by posting the change on the Purple Penguin website. All changes will become effective immediately upon posting. Purple Penguin reserves the right to modify, add, or remove any service, feature, product or information from the website at any time without prior notice.
The terms, conditions and policies contained on its website contain the full and complete understanding of the parties with respect to your use of the Purple Penguin website. Purple Penguin will not be bound by any statements made by agents or employees of Purple Penguin which conflict with these terms, conditions and/or policies.
All terms, conditions and policies and any dispute arising from or relating to them will be governed and interpreted in accordance with the laws of the State of Nevada. Venue for any legal action concerning the terms, conditions and policies shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by accessing and using the Purple Penguin website you expressly consent to jurisdiction and venue in such court.
P.O. Box 230063
Las Vegas, NV 89105
By email: email@example.com
By phone: (702) 400-3652