Purple People LLC TERMS OF USE


1. ACCEPTANCE OF TERMS OF USE AGREEMENT

Purple People LLC provides the website TrystDirectory.com (referred to hereafter as "the Website"), which offers a collection of online resources including classified ads, blogs, and various forums where adults can interact with other adults utilizing the Website (referred to hereafter as "the Service"). The following Terms of Use ("Terms") govern your access to and use of the Service. By using the Website you are agreeing to comply with the Terms and are entering into a contract with Purple People, LLC and agree to the Terms. You may use the Service only if you can form a binding contract with Purple People LLC and are not a person or entity barred from receiving Service under the laws of the United States or other applicable jurisdictions. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Purple People LLC in any way, your only recourse is to immediately discontinue use of the Service. Purple People LLC has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.

a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Service and the Website. The Terms of this Agreement may be modified by Purple People LLC from time to time, such modifications to be effective upon posting by Purple People LLC on the Website. This Agreement includes Policy for Content Posted on the Website, Privacy Policy, subscription policies and any notices regarding the Website and/or the Service. By accessing the Website and/or becoming a Member, you accept this Agreement and agree to the Terms thereof and any notices contained or referenced herein.

b. Electronic Form. By accessing the Website and/or becoming a Member, you consent to have this Agreement provided to you in electronic form.

c. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.

(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw your consent, please contact us online using the following online form found here:. http://www.trystdirectory.com/contactus.php
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by you prior to the effective date of your withdrawal.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. Changes to this agreement can be found at http://trystdirectory.com/legal/tos.php.

3. ELIGIBILITY

You must be at least eighteen (18) years of age to register as a member of the Website (“Member") and/or use the Service. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you are at least eighteen (18) years of age, have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

4. Membership and Subscription; Pricing.

You may become a Member of the Service by becoming a paying subscriber to the Service. Please see http://www.trystdirectory.com/advertise.php for a description of the current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Please see http://www.trystdirectory.com/legal/advertagreement.php for a description of such policies.

5. Term.

This Agreement will remain in full force and effect while you use the Website, the Service and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by contacting Purple People LLC online. Purple People LLC may terminate your membership and/or subscription at any time by sending notice to you at the email address linked to your account. If Purple People LLC terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Purple People LLC. Purple People LLC is not required to provide you notice prior to terminating your membership and/or subscription. Purple People LLC is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All Terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

6. Account Security.

You are responsible for safeguarding and maintaining the confidentiality of the username and password that you designate during the registration process. You are fully responsible for all activities that occur under your username and password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Purple People LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to (a) immediately notify Purple People LLC of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Purple People LLC will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature if you have linked your username and password to your Purple People LLC account.

7. Your Interactions with Other Members.

You are solely responsible for your interactions with other Members. You understand that Purple People LLC does not in any way screen its Members, nor does Purple People LLC inquire into the backgrounds of its Members or attempt to verify the statements of its Members or Content posted by Members on the Website, detailed in Section 8 herein. Purple People LLC makes no representations or warranties as to the conduct of Members. In no event shall Purple People LLC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other Members.

8. CONTENT

You are responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. You understand that all postings, messages, text, files, images, photos, video, sounds, recordings, drawings, source code or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. The Content you submit, post, or display will be able to be viewed by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You understand that Purple People LLC does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content available through the Service may contain links to other websites, which are completely independent of Purple People LLC. Purple People LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Purple People LLC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on the Website and/pr via the Service. You acknowledge that Purple People LLC does not pre-screen or approve Content, but that Purple People LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

a. Proprietary Rights. Purple People LLC owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Purple People LLC, and its licensors. Except for information which is in the public domain or for which you have been given written permission, you may not copy, download, store, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.


b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Purple People LLC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Purple People LLC does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Purple People LLC or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

9. Content Posted by You on Purple People LLC.

a. You are solely responsible for the Content that you publish or display (hereinafter, "Post") on the Website or through use of the Service, or transmit to other Members. You will not Post on the Website and/or the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, excessively sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Purple People LLC or to any other Member. If information provided to Purple People LLC, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Purple People LLC of such change.

b. You understand and agree that Purple People LLC may review and delete any content, including, but not limited to, messages, double-blind emails, photos, ads or profiles in each case in whole or in part, that in the sole judgment of Purple People LLC violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

c. Your use of the Website and/or the Service, including but not limited to the Content you post on the Website and/or the Service, must be in accordance with any and all applicable laws and regulations.

d. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

e. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Website and/or the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Purple People LLC cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Website and/or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

f. All information you include in your Member profile must be accurate, current and complete.

g. By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Purple People LLC, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Purple People LLC will not infringe or violate the rights of any third party.

h. The following is a representative, but not comprehensive, list of the kind of Content that is illegal or prohibited on the Website. Purple People LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:

harasses, degrades, intimidates or is patently offensive or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
harasses or advocates harassment of another person; involves the transmission of information containing "junk mail," "chain letters," or unsolicited mass mailing or "spamming," "affiliate marketing," "link referral code," "pyramid schemes," or unsolicited commercial advertisement;
promotes information that you know is false, misleading deceptive, misleading, deceitful, misinformative, constitutes "bait and switch" or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
contains any unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
contains pornographic imagery or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
includes personal or identifying information about another person without that person's explicit consent;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
contains 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;
i. Prohibited Activities.

Purple People LLC reserves the right to investigate and terminate your membership if you have misused the Website and/or the Service, or behaved in a way which could be regarded as inappropriate or your conduct is unlawful or illegal. The following is a representative, but not comprehensive, list of the type of actions that you may not engage in with respect to the Website and/or the Service:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose.
You will not collect personal data about other users for commercial or unlawful purposes.
You will not express or imply that any statements you make are endorsed by Purple People LLC without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Website and/or the Service or the site or the servers or networks connected to the Website and/or the Service.
You will not post, email or otherwise transmit any material that contains 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.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the Service.
You will not "frame" or "mirror" any part of the Website and/or the Service, without Purple People LLC's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Purple People LLC or the Website and/or the Service in order to direct any person to any other web site for any purpose.

You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website and/or the Service or any software used on or for the Website and/or the Service or cause others to do so.


10. THIRD PARTY CONTENT, SITES, AND SERVICES

The Purple People LLC site and Content available through the Website and/or the Service may contain features and functionalities that may link you or provide you with access to third party websites and/or content which is completely independent of Purple People LLC, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with an entity and/or Members found on or through the Website and/or the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals.

You agree that Purple People LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between an entity and a Member on this site, or between Members and any third party, you understand and agree that Purple People LLC is under no obligation to become involved. In the event that you have a dispute with one or more other entities or Members, you hereby release Purple People LLC, its officers, employees, agents and successors in interest from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.


11. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our Designate Agent as outlined in the Digital Millennium Copyright Act (DMCA) contained in the Purple People LLC DMCA statement located at http://www.trystdirectory.com/legal/dmca.php

12. PRIVACY AND INFORMATION DISCLOSURE

Purple People LLC has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www. TrystDirectory.com /about/privacy policy

Your use of the Website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Purple People LLC may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of a third-party; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Purple People LLC , its users or the general public.

14. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Purple People LLC email addresses or through Purple People LLC computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Purple People LLC computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.


15. Payment Terms

Purple People LLC has established a Payment Term Policy to explain to users and/or advertisers how their payment will be handled, which is located at the following web address:

http://www.trystdirectory.com/legal/paymentterms.php

15. LIMITATIONS ON SERVICE

You acknowledge that Purple People LLC may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Purple People LLC has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Purple People LLC reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Purple People LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Purple People LLC has no obligation to maintain, store or return any materials provided by You in connection with the Website and/or the Service.


16. ACCESS TO THE SERVICE

Purple People LLC grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by posting agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Purple People LLC .

Purple People LLC permits you to display on your own website, or create a hyperlink on your own website to individual postings on the Website and/ or Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the Terms, absent express permission granted by Purple People LLC to do so. You may also create a hyperlink to the Website so long as the link does not portray the Website, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Purple People LLC offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Purple People LLC permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Purple People LLC" as the source, (d) your use or display does not suggest that Purple People LLC promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Purple People LLC 's systems. Purple People LLC reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by Purple People LLC immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Purple People LLC .


17. Modifications to Service.

Purple People LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Purple People LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


18. TERMINATION OF SERVICE

You agree that Purple People LLC , in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if a third party alleges any violation of its intellectual property rights, if Purple People LLC believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Purple People LLC shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.


19. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Purple People LLC. You further agree not to reproduce, duplicate or copy Content from the Website and/or provided through the Service without the express written consent of Purple People LLC, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or accessed through the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Although Purple People LLC does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Purple People LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, store, download, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Purple People LLC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

20. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE Purple People LLC WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Purple People LLC WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW. Purple People LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Purple People LLC WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Purple People LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Purple People LLC WEBSITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Purple People LLC WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Purple People LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Purple People LLC WEBSITE OR THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.


21. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Purple People LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Purple People LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Purple People LLC WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Purple People LLC WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE Purple People LLC WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Purple People LLC WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Purple People LLC WEBSITE OR THE SERVICE OR ANY LINKS ON THE Purple People LLC WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Purple People LLC WEBSITE OR THE SERVICE OR ANY LINKS ON THE Purple People LLC WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

22. Blocking of IP Addresses.

In order to protect the integrity of the Service, Purple People LLC reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.


24. Member Disputes.

You are solely responsible for your interactions with other Members. Purple People LLC reserves the right, but has no obligation, to monitor disputes between you and other Members. You further agree that if Purple People LLC follows its DMCA Policy, Purple People LLC will not be party to any lawsuit or any other type of dispute between you and any other Member or other third party.

25. Disclaimers.

Purple People LLC is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Purple People LLC is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Purple People LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Purple People LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users of the Website and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Purple People LLC or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Purple People LLC expressly disclaim any warranty of fitness for a particular purpose or non-infringement. Purple People LLC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.


27. Links.

The Service may provide, or third parties may provide, links to other websites or resources. Because Purple People LLC has no control over such websites and resources, you acknowledge and agree that Purple People LLC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Purple People LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such website or resource.

28. INDEMNITY

You agree to indemnify and hold Purple People LLC, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of Content you submit, receive, Post or make available on the Website and/or through the Service, your use of the Website and/or the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another Member and/or third party.

You agree to indemnify and hold Purple People LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and/or the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.


29. GENERAL INFORMATION

The Terms constitute the entire agreement between you and Purple People LLC and govern your use of the Website and/or the Service, superseding any prior agreements between you and Purple People LLC. The Terms and the relationship between you and Purple People LLC shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You expressly agree that any such dispute shall be governed by the laws of the State of Arizona, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Arizona, in Maricopa County, for the resolution of any such dispute. The failure of Purple People LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website and/or the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.